Supreme Court · 2011 INSC 812 · Decided 22 November 2011
Shiv Shankar Singh v. State of Bihar & ANR.
- Court
- Supreme Court of India
- Citation
- 2011 INSC 812 · [2011] 13 S.C.R. 247
- Case number
- CRIMINAL APPEAL No. 2160/2011
- Decided
- 22 November 2011
- Bench
- B.S. CHAUHAN, T.S. THAKUR (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC; CrPC Section 156(3), 173
Headnote
CODE OF CRIMINAL PROCEDURE, 1973: A B Chapter XV - Second protest petition - Maintainability c of - Magistrate taking cognizance and issuing summons - Held: The protest petition can always be treated as a complaint and proceeded with in terms of Chapter XV of Cr.P.C. - Therefore, in case there is complaint, in exceptional circumstances, the second 0 protest petition can also similarly be entertained - In the instant case, the High Court without taking note of the evidence referred to by the Magistrate, set aside his order on a technical ground that the second protest petition was not
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