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november 2013

Supreme Court of India · 2013-11-21

B. CHANDRIKA vs SANTHOSH .

Citation / case number
SC 2013/270
Court
Supreme Court of India
Petitioner
B. CHANDRIKA
Respondent
SANTHOSH .
Author
K.S. Radhakrishnan
Bench
A.K. SIKRI K.S. RADHAKRISHNAN

Judgment text excerpt

The Supreme Court upheld the High Court's decision affirming the Magistrate's authority to entertain a protest complaint under Section 420 read with Section 34 IPC, despite a police refer report. The Court clarified that the initiation of proceedings by the Magistrate is valid even after a police investigation concludes no offense was made out. The appeal was dismissed, reinforcing the principle that a Magistrate can proceed with a complaint if there is sufficient cause to believe an offense has occurred.

B. CHANDRIKA vs SANTHOSH . · Niyam