Niyam v2 is live — start for just ₹100 — 200 credits to try

september 2008

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.

KETANKUMAR BABULAL PATEL vs KESARBEN JESANGJI & ORS. · Niyam