Supreme Court · 1972 INSC 93 · Decided 22 March 1972
D. N. Bhatiacharjee & ORS. v. State of West Bengal & ANR.
- Court
- Supreme Court of India
- Citation
- 1972 INSC 93 · [1972] 3 S.C.R. 973
- Case number
- CRIMINAL APPEAL No. 156/1969
- Decided
- 22 March 1972
- Bench
- A.N. GROVER, M. HAMEEDULLAH BEG (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 203
Headnote
Code of Criminal Procedure (Act 5 of 1898), s. 203-Power of Magis· trate to dismiss complaint. An order of dismissal of complaint under s. 203 Cr. P.C .. has to be made on judicially sound grounds. It can only be made where the reasons· given disclose .that the proceedings cannot at this stage, from goi'lg into .the merits df the ev;denee produced by the complainant, but the object of such consideration could only be to determi 1e whether 1here are sufficient grnund!i for proceeding furtoor. The mere existence of some grounds which would be material in deciding
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