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.