Supreme Court of India · 2008-09-23
Ketankumar Babulal Patel vs Kesarben Jesangji & Ors
- Citation / case number
- AIR 2008 SC (SUPP) 644
- Court
- Supreme Court of India
- Petitioner
- Ketankumar Babulal Patel
- Respondent
- Kesarben Jesangji & Ors
- Author
- Arijit Pasayat
- Bench
- Mukundakam Sharma, Arijit Pasayat
Judgment text excerpt
The Supreme Court held that the Gujarat High Court's direction to register a First Information Report (FIR) under Section 156(3) of the Code of Criminal Procedure, 1973, after the Judicial Magistrate had already taken cognizance of the complaint, was impermissible. The Court emphasized that once cognizance is taken, the procedure under Sections 202 and 204 of the Code should be followed instead. The judgment quashed the High Court's order and clarified the proper legal procedure to be adopted in such cases.