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january 2006

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.

MOHD. YOUSUF vs AFAQ JAHAN · Niyam