Supreme Court of India · 1999-02-11
RAJENDRA KUMAR SITARAM PANDE &ORS vs UTTAM
- Citation / case number
- SC 1994/17903
- Court
- Supreme Court of India
- Petitioner
- RAJENDRA KUMAR SITARAM PANDE &ORS
- Respondent
- UTTAM
- Author
- S.RAJENDRA BABU G.B.PATTANAIK
- Bench
- S.RAJENDRA BABU G.B.PATTANAIK
Judgment text excerpt
The Supreme Court held that the order of the Judicial Magistrate issuing process under Section 500 IPC was not an interlocutory order and thus amenable to revision under Section 397 of the Cr.P.C. The Court clarified that the Sessions Judge erred in setting aside the Magistrate's order based on a misinterpretation of the inquiry report and the applicability of exception 8 to Section 400 IPC. Consequently, the High Court's decision to reinstate the Magistrate's order was upheld, affirming the process issuance against the accused persons.