Supreme Court of India · 2006-01-02
MOHD. YOUSUF vs AFAQ JAHAN
- Citation / case number
- SC 2004/8338
- Court
- Supreme Court of India
- Petitioner
- MOHD. YOUSUF
- Respondent
- AFAQ JAHAN
- Author
- ARIJIT PASAYAT
- Bench
- S.H. KAPADIA ARIJIT PASAYAT
Judgment text excerpt
The Supreme Court held that the High Court's quashing of the FIR and charge sheet under Sections 420, 467, 468, and 471 IPC was erroneous, as the Chief Judicial Magistrate had the authority to direct the police to register a case under Section 156(3) of the Code of Criminal Procedure, 1973. The Court emphasized that the magistrate's power to order registration of FIR is valid and does not contravene the provisions of the Code. Consequently, the Supreme Court set aside the High Court's order and reinstated the FIR and charge sheet.