Supreme Court of India · 2009-07-07
Jeewan Kumar Raut & Anr vs C.B.I
- Citation / case number
- AIR 2009 SUPREME COURT 2763
- Court
- Supreme Court of India
- Petitioner
- Jeewan Kumar Raut & Anr
- Respondent
- C.B.I
- Author
- S.B. Sinha
- Bench
- Asok Kumar Ganguly, S.B. Sinha
Judgment text excerpt
The Supreme Court addressed the applicability of Sub-section (2) of Section 167 of the Code of Criminal Procedure, 1973 in relation to cognizance taken under Section 22 of the Transplantation of Human Organs Act, 1994. The Court held that a written complaint by a competent authority is necessary for cognizance under TOHO, and that the police report can be considered for IPC offences if filed within the stipulated period. The appeal was decided in favor of the appellants regarding the procedural requirements for cognizance under TOHO.