Supreme Court · 2009 INSC 550 · Decided 17 April 2009

Rameshan P.O. & ORS. v. Rakesh Kumar Yadav & ANR.

Court
Supreme Court of India
Citation
2009 INSC 550 · [2009] 6 S.C.R. 490
Case number
CRIMINAL APPEAL No. 760/2009
Decided
17 April 2009
Bench
ARIJIT PASAYAT, A.K. GANGULY (2-judge bench)
Outcome
Disposed off
Case type
Criminal
Acts & sections cited
CrPC Section 3971401, 401

Headnote

Code of Criminal Procedure, 1973 - ss. 3971401 - Revision - Maintainability of - complaint uls. 156(3) - C Magistrate directing registration of FIR - Revision by accused before Sessions Judge - Operation of the impugned order stayed - Revision by complainant before High Court - High Court passing notice to the accused, holding that accused of a cognizable offence cannot file D revision before registration of FIR as the order uls. 156(3) is an administrative order - On appeal, plea that matter since closed by court conclusively, accused was required to be heard on the question of

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