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august 2014

Supreme Court of India · 2014-08-13

Rakesh & Anr vs State Of U.P. & Anr

Citation / case number
AIR 2014 SUPREME COURT 3509
Court
Supreme Court of India
Petitioner
Rakesh & Anr
Respondent
State Of U.P. & Anr
Author
Ranjan Gogoi
Bench
Ranjan Gogoi, Sudhansu Jyoti Mukhopadhaya

Judgment text excerpt

The Supreme Court held that a Magistrate can take cognizance of a case based on a protest petition even after accepting a negative final report from the police, thereby overruling the Patna High Court's interpretation. The Court clarified that the acceptance of a final report does not preclude the Magistrate from considering a complaint petition regarding the same facts. The appeal was allowed, and the matter was remitted to the Chief Judicial Magistrate for disposal according to law, affirming the principle that judicial orders should not hinder the pursuit of justice.

Rakesh & Anr vs State Of U.P. & Anr · Niyam