Supreme Court of India

Rajpati v. Bachan & Anr.

Neutral citation
Reported as [1981] 1 S.C.R. 92
Bench S. Murtaza Fazal Au and A. P. Sen JJ.
Decided 28 July 1980

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

From the 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 the preliminary order-Omission to do so is an error of procedure falling with· in the domain of a curable irregularity. Allowing the appeal by special leave, the Court, HELD: (1) finding of existence of breach of the 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

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