Supreme Court · 1980 INSC 135 · Decided 28 July 1980
Rajpati v. Bachan & ANR.
- Court
- Supreme Court of India
- Citation
- 1980 INSC 135 · [1981] 1 S.C.R. 92
- Case number
- CRIMINAL APPEAL No. 474/1980
- Decided
- 28 July 1980
- Bench
- S. MURTAZA FAZAL ALI, A.P. SEN (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 145, 482, 145(5)
Headnote
Criminal Procedure Code, Section 145-Recording in the final order that it was breach of peace is not necessary, once such a recording has been made in C the preliminary order-Omission to do so is an error of procedure falling with· in the domain of a curable irregularity. D E F G H Allowing peace is not necessary at the time when a final order is passed nor is there any provision in the Code of Criminal Procedure requiring such a finding in· the final order. Once a preliminary order drawn up by the Magistrate sets out the reaso:is for holding that a breach of the peace exists,
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