Supreme Court · 2024 INSC 316 · Decided 18 April 2024

Mukhtar Zaidi v. The State of Uttar Pradesh & ANR.

Court
Supreme Court of India
Citation
2024 INSC 316 · [2024] 4 S.C.R. 655
Case number
CRIMINAL APPEAL No. 2134/2024
Decided
18 April 2024
Bench
VIKRAM NATH, SATISH CHANDRA SHARMA (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Criminal
Acts & sections cited
IPC Section 147, 342, 323, 307, 506; CrPC Section 190(1)(b), 173(2), 200, 482

Headnote

Whether CJM as also the High Court fell in error in taking cognizance u/s. 190(1)(b) Cr.P.C. inasmuch as the CJM had relied upon not only the Protest Petition which was supported by affidavit of the complainant but also on the affidavits of witnesses which were Protest Petition to support the contents of the complaint. Code of Criminal Procedure, 1973 - s.190(1)(b), s.200 - FIR lodged - Police report filed u/s. 173(2) Cr.P.C. - I.O. found that no evidence could be collected which could substantiate the allegations made

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