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Criminal · Reportable judgment

Mukhtar Zaidi vs The State of Uttar Pradesh & Anr.

Court
Supreme Court of India
Date
18 April 2024
Case No.
Criminal Appeal No. 2134 of 2024
Result
Allowed
Bench
Vikram Nath, Satish Chandra Sharma
Citation
[2024] 4 S.C.R. 655 : 2024 INSC 316
Acts & Sections
CrPC
Supreme Court Reports [2024] 4 S.C.R. 655 : 2024 INSC 316
Issue for consideration
Whether CJM as also the High Court fell in error in taking cognizance u/s. 190(1)(b) Cr.P.C. inasmuch as the CJM had relied upon not only the Protest Petition which was supported by affidavit of the complainant but also on the affidavits of witnesses which were filed along with the Protest Petition to support the contents of the complaint.
Headnote

Code of Criminal Procedure, 1973 – s.190(1)(b), s.200 – FIR lodged – Police report filed u/s. 173(2) Cr.P.C. – I.O. found that no evidence could be collected which could substantiate the allegations made in the FIR – Protest Petition filed along with affidavit – The CJM rejected the police report u/s. 173(2) Cr.P.C., however, proceeded to take cognizance for offences u/ss. 147, 342, 323, 307, 506 of the IPC and u/s. 190 (1)(b) of the Cr.P.C. – Appellant contended that once the CJM was relying upon additional material in the form of evidence produced by the complainant along with the Protest Petition then the only option for the CJM was to treat it as a complaint u/s. 200 Cr.P.C. and proceed accordingly following the due procedure in Chapter XV of the Cr.P.C. – Correctness:

Held: The CJM had actually taken into consideration not only the Protest Petition but also the affidavit filed in support of the Protest Petition as well as the four affidavits of witnesses filed along with the Protest Petition – It was based on consideration of such affidavits that the CJM was of the view that the investigation was not a fair investigation and these affidavits made out a prima facie case for taking cognizance and summoning the accused – In the instant case as the Magistrate had already recorded his satisfaction that it was a case worth taking cognizance and fit for summoning the accused, this Court is of the view that the Magistrate ought to have followed the provisions and the procedure prescribed under Chapter XV of the Cr.P.C. – Accordingly, impugned orders passed by the High Court and also the CJM are set aside. [Paras 7 and 11]

Keywords: FIR · Report of police officer on completion of investigation · Protest Petition · Witness · Additional materials · Cognizance · Summoning of accused · Complaints to magistrate

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

Judgment Vikram Nath, J. Leave granted. 2. This appeal assails the correctness of the order dated 24.08.2021 passed by the Allahabad High Court dismissing the application under Section 482 of the Code of Criminal Procedure, 19731 filed by the appellant wherein a prayer was made to quash the Summoning Order dated 08.03.2021 by the Chief Judicial Magistrate2, Aligarh in Case No.129/2020 under Sections 147, 342, 323, 307, 506 of the Indian Penal Code, 18603 Police Station, Civil Lines, District Aligarh. There is an order dated 01.11.2021 passed by the High Court wherein the Case Number mention
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