Supreme Court of India · 2015-03-31
MEHMOOD UL REHMAN vs KHAZIR MOHAMMAD TUNDA .
- Citation / case number
- SC 2007/23696
- Court
- Supreme Court of India
- Petitioner
- MEHMOOD UL REHMAN
- Respondent
- KHAZIR MOHAMMAD TUNDA .
- Author
- KURIAN
Judgment text excerpt
The Supreme Court examined the scope of the Magistrate's opinion on sufficient grounds for proceeding under Section 190(1)(a) of the Code of Criminal Procedure, 1973 (CrPC). It held that the Magistrate must assess the complaint and evidence presented under Sections 200 and 202 of CrPC before issuing process under Section 204. The Court affirmed the High Court's decision that the veracity of allegations is a matter for evidence and cannot be preemptively dismissed, thereby upholding the Magistrate's order to proceed with the case.