Supreme Court · 2013 INSC 553 · Decided 22 August 2013
Fiona Shrikhande v. State of Maharashtra and Another
- Court
- Supreme Court of India
- Citation
- 2013 INSC 553 · [2013] 9 S.C.R. 240
- Case number
- CRIMINAL APPEAL No. 1231/2013
- Decided
- 22 August 2013
- Bench
- K.S. RADHAKRISHNAN, A.K. SIKRI (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 504, 294; CrPC Section 202
Headnote
CODE OF CRIMINAL PROCEDURE, 1973: c s. 202 -Complaint - Order of Magistrate taking cognizance and issuing process against accused - Challenged - Held: Scope of enquiry u/s 202 is extremely limited in the sense that the Magistrate, at this stage, is expected to examine prima facie the truth or made in the complaint -- He is not expected to embark upon a detailed discussion of merits or demerits of the case, but only to consider inherent probabilities apparent on the statement made in the complaint -- Once the Magistrate has exercised his discretion in forming an opinion that there
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