Supreme Court of India · 2008-09-23
KETANKUMAR BABULAL PATEL vs KESARBEN JESANGJI & ORS.
- Citation / case number
- SC 2008/64196
- Court
- Supreme Court of India
- Petitioner
- KETANKUMAR BABULAL PATEL
- Respondent
- KESARBEN JESANGJI & ORS.
- Author
- ARIJIT PASAYAT
- Bench
- ARIJIT PASAYAT,MUKUNDAKAM SHARMA, , ,
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, was impermissible. The Court emphasized that once cognizance is taken, the procedure must follow Sections 202 and 204 of the Code, which govern the issuance of process. The judgment quashed the High Court's order and clarified the proper legal procedure to be followed in such cases.