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Gopal Vijay Verma Vs. Bhuneshwar Prasad Sinha and ors. - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtSupreme Court of India
Decided On
Case NumberCriminal Appeal No. 808 of 1981
Judge
Reported in1982(2)SCALE1104; (1982)3SCC510; 1983(15)LC18(SC)
AppellantGopal Vijay Verma
RespondentBhuneshwar Prasad Sinha and ors.
Excerpt:
.....facts the continuation of said proceedings against the husband would amount to abuse of the process of the court and thus liable to be set aside. - order 1. the high court was clearly in error in thinking that the magistrate could not take cognizance of a case upon complaint because he had earlier refused to take cognizance of the case on a police report.order1. the high court was clearly in error in thinking that the magistrate could not take cognizance of a case upon complaint because he had earlier refused to take cognizance of the case on a police report. the order of the high court is set aside. the matter is remitted to the chief judicial magistrate, patna for disposal according to law. if the accused have any further objections to raise, they may do so before the chief judicial magistrate.2. the appeal is disposed of accordingly.
Judgment:
ORDER

1. The High Court was clearly in error in thinking that the Magistrate could not take cognizance of a case upon complaint because he had earlier refused to take cognizance of the case on a police report. The Order of the High Court is set aside. The matter is remitted to the Chief Judicial Magistrate, Patna for disposal according to law. If the accused have any further objections to raise, they may do so before the Chief Judicial Magistrate.

2. The appeal is disposed of accordingly.


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