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september 2008

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.

Ketankumar Babulal Patel vs Kesarben Jesangji & Ors · Niyam