Supreme Court · 2009 INSC 681 · Decided 5 May 2009
Dharmeshbhai Vasudevbhai & ORS. v. State of Gujarat & ORS.
- Court
- Supreme Court of India
- Citation
- 2009 INSC 681 · [2009] 7 S.C.R. 475
- Case number
- CRIMINAL APPEAL No. 914/2009
- Decided
- 5 May 2009
- Bench
- S.B. SINHA, CYRIAC JOSEPH (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC; CrPC Section 156(3), 483, 156; Constitution Article 227, 235
Headnote
475 DHARMESHBHAI VASUDEVBHAI & ORS. A V. STATE OF GUJARAT & ORS. Criminal Appeal No. 914 of 2009 MAY 5, 2009 B (S.B. SINHA AND CYRIAC JOSEPH, JJ) 1 CODE OF CRIMINAL PROCEDURE, 1973: s. 156(3) - Magistrate recalling his order for investigation passed uls 156(3) - Held: Ordinarily, investigation by police is not envisaged under the Code. Constitution of India, 1950: D "/ Articles 227 and 235 - Superintendence by High Court over Judicial Magistrates - Held: High Court was not correct in refusing to consider the contention that Magistrate had no iurisdiction to recall
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