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may 2009

Supreme Court of India · 2009-05-05

DHARMESHBHAI VASUDEVBHAI vs STATE OF GUJARAT .

Citation / case number
SC 2005/16763
Court
Supreme Court of India
Petitioner
DHARMESHBHAI VASUDEVBHAI
Respondent
STATE OF GUJARAT .
Author
S.B. Sinha

Judgment text excerpt

The Supreme Court addressed the jurisdiction of a Magistrate under Section 156(3) of the Cr.P.C. regarding the withdrawal of a complaint after an investigation order had been issued. The Court held that the Magistrate has the authority to recall such an order if a compromise is reached between the parties, provided there is no mala fide exercise of power. The appeal was dismissed, affirming the High Court's decision that the depositors lacked locus standi to challenge the withdrawal of the inquiry, as they were not parties to the original complaint.

DHARMESHBHAI VASUDEVBHAI vs STATE OF GUJARAT . · Niyam