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.