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MEHMOOD UL REHMAN vs. KHAZIR MOHAMMAD TUN DA AND ORS.

SCR Citation: [2015] 4 S.C.R. 841
Year/Volume: 2015/ Volume 4
Date of Judgment: 31 March 2015
Petitioner: MEHMOOD UL REHMAN
Disposal Nature: Appeal Allowed
Neutral Citation: 2015 INSC 983
Judgment Delivered by: Hon'ble Mr. Justice Kurian Joseph
Respondent: KHAZIR MOHAMMAD TUN DA AND ORS.
Case Type: CRIMINAL APPEAL /1347/2010
Order/Judgment: Judgment
1. Headnote

Code of Criminal Procedure, 1973 — ss.190(1)(a), 204 and 482 — Issue of process after taking cognizance of offence u/s. 190(1)(a) — Application u/s. 482 for quashing the proceedings — Rejected by High Court - In appeal, held: The Magistrate can proceed u/s. 204 by issuing process, only when he is satisfied that allegations in the complaiit constitute an offence and when considered alongwith the statements recorded, would prima facie make the accusedeanswerable before the court — Application of mind by the Magistrate is best demonstrated by disclosure of mind on the satisfaction — If there is no such indication, for proceeding u/ss.190/204, the High Court is bound to invoke its inherent power in order to prevent abuse of power of the Criminal Court — in the present case, there is no indication on the application of mind by the Magistrate in taking cognizance and issuing process for the offence u/s. 500 of Ranbir Penal Code - Matter remitted to the Magistrate for consideration afresh — Ranbir Penal Code, 1932 — s.500.

2. Case referred
3. Act
      No Data Found!!!!!
4. Keyword
  • Code of Criminal Procedure
  • 1973 - ss.190(1)(a)
  • 204 and 482
5. Equivalent citation
    Citation(s) 2015 AIR 2195 = 2015 (12) SCC 420 = 2015 (12) Suppl. SCC 420 = 2015 (5) JT 195 = 2015 (5) Suppl. JT 195 = 2015 (4) SCALE 381