Supreme Court · 1994 INSC 500 · Decided 8 November 1994

State of Rajasthan v. Aruna Devi and ORS.

Court
Supreme Court of India
Citation
1994 INSC 500 · [1994] SUPP. 5 S.C.R. 274
Case number
CRIMINAL APPEAL No. 761/1994
Decided
8 November 1994
Bench
KULDIP SINGH, B.L. HANSARIA (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Criminal
Acts & sections cited
IPC Section 420, 467; CrPC Section 173(8), 203, 156(3); Constitution Article 136

Headnote

Criminal Procedure Code, 1973-Sections 173 (8) and 203-Dismissal of complaint u/s 203-Second complaint on same facts on basis of further investigation-Order of Cognizance-Whether legally sustainable-Held, yes. A complaint was filed against the respondents under various sections of the Indian Penal to be made u/s 156 (3) of the Code of Criminal Procedure. A report was submitted that complaint was false. The report came to be accepted by the Magistrate. Thereafter the police had independently ordered further investigation. A challan came to be filed by the police against the

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