Supreme Court of India · 2006-10-12
LALLAN CHAUDHARY vs STATE OF BIHAR
- Citation / case number
- SC 2003/1201
- Court
- Supreme Court of India
- Petitioner
- LALLAN CHAUDHARY
- Respondent
- STATE OF BIHAR
- Author
- P.K.BALASUBRAMANYAN H.K.SEMA
- Bench
- P.K.BALASUBRAMANYAN H.K.SEMA
Judgment text excerpt
The Supreme Court held that the High Court's directive to the Magistrate to proceed in accordance with Section 209 of the Code of Criminal Procedure was justified, as the police failed to register an FIR for the offences disclosed in the complaint under Sections 147, 148, 149, 448, and 395 IPC. The Court emphasized the importance of proper investigation and adherence to procedural law, stating that the failure to investigate these sections constituted a miscarriage of justice. The appeal was dismissed, upholding the High Court's order.