Supreme Court · 2004 INSC 556 · Decided 28 September 2004
Gangadhar Janardan Mhatre v. State of Maharashtra and ORS.
- Court
- Supreme Court of India
- Citation
- 2004 INSC 556 · [2004] SUPP. 4 S.C.R. 772
- Case number
- CRIMINAL APPEAL No. 639/1999
- Decided
- 28 September 2004
- Bench
- ARIJIT PASAYAT, C.K. THAKKER (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 190(1), 200, 169, 170, 173(2), 156(3); Constitution Article 226
Headnote
Code of Criminal Procedure, 1973: Section 190(1)-Cognizance of offences-Magistrate's power to take­ Notice·to informant-Necessity of- Held: Where the Magistrate decides not to take cognizance of an offence on a police report under S. 173(2)(i) and decides to drop the proceedings against an opportunity to be heard _ at the time of consideration of the report-The said right is conferred on the informant and none else-If the informant is not aware as to when the matter D is to be considered, he cannot be faulted, even if protest petition in reply to the notice issued by the
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