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february 1999

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.

RAJENDRA KUMAR SITARAM PANDE &ORS vs UTTAM · Niyam