Supreme Court · 1971 INSC 337 · Decided 2 December 1971

Rajindra Nath Mahato v. T. Ganguly, DY. Superintendent & ANR.

Court
Supreme Court of India
Citation
1971 INSC 337 · [1972] 2 S.C.R. 671
Case number
CRIMINAL APPEAL No. 291/1968
Decided
2 December 1971
Bench
A.N. RAY, D.G. PALEKAR (2-judge bench)
Outcome
Dismissed
Case type
Criminal
Acts & sections cited
IPC Section 395; CrPC Section 204, 191, 192, 200, 202

Headnote

G H 671 RAJINDRA NATH MAHATO y. T. GANGULY, DY. SUPERINTENDENT & ANR. December 2, 1971 (A.&deg;N. RAY AND D. G. PALEKAR, JJ.J Code of Cri111i11al-Procedure (Act 5 of 1898), ss. 202, 204 <111d 561A&shy; Pcn1'&pound;'r to i.~s11e proces.-;-W/io&middot; has-Right of Hif{h Couri fo, go into pri111n facie case \\'as n1ac!c out against the respondents. The Sub-Dhisional Magistrate directed the issue of process. The High Court in a petition to quash the issue of process held that under s. 204. the Sub-Divisional ?\1agistrate had no right to issue process since he was not the ~fagistratc

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