Supreme Court · 2009 INSC 763 · Decided 8 May 2009
Chittaranjan Mirdha v. Dulal Ghosh and ANR.
- Court
- Supreme Court of India
- Citation
- 2009 INSC 763 · [2009] 8 S.C.R. 412
- Case number
- CRIMINAL APPEAL No. 964/2009
- Decided
- 8 May 2009
- Bench
- ARIJIT PASAYAT, H.S. BEDI (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 34, 1208, 25, 27; CrPC Section 173(2), 190; Arms Act Section 25, 27
Headnote
.. Code of Criminal Procedure, 1973 - ss. 173(2) and 190(1 )(b) - Report of police officer on completion of c investigation - Report forwarded to Magistrate - Functions and obligation of the Magistrate - Requirement of notice to informant - Held: Upon receipt of a police report under s.173(2), a cognizance of an offence under s.190(1)(b), even if the police report is to the D effect that no case is made out against the accused - The informant is not prejudicially affected when the Magistrate decides to take cognizance and to proceed with the case - But where the Magistrate decides that
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