Mukhtar Zaidi vs The State Of Uttar Pradesh

The Supreme Court held that the Chief Judicial Magistrate (CJM) erred in taking cognizance under Section 190(1)(b) of the Code of Criminal Procedure, 1973, as the CJM relied on additional evidence from the Protest Petition, which necessitated treating the matter as a private complaint under Section 200 Cr.P.C. The Court emphasized that when additional evidence is presented, the proper procedure must be followed, and the case should not continue as a State case. The appeal was allowed, and the High Court's dismissal of the application under Section 482 Cr.P.C. was set aside.