Supreme Court of India
Mohd. Yousuf v. Smt. Afaq Jahan and Anr.
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.
4 Supreme Court benches have cited this judgment.
What the Court ordered
In view of the aforesaid position in law, order passed by the High Court is clearly unsustainable and is quashed.
Judgment, page 13
From the headnote
Code of Criminal Procedure, 1973: Section 156 (3)--Complaint before Magistrate-Before taking cognizance of the offence, direction by Magistrate to police to register FIR and investigate c the case-Propriety of-Held: It is not i//ega/ for a Judicial Magistrate to order investigation of a case before taking cognizance of the same-Jn order to enable the police to investigate, it is open to Magistrate to direct the police to register FIR while directing investigation. Sections 156 (3) and 202-Power of Magistrate to direct-Under both the provisions-Difference between-Discussed. Words & Phrases:
Authorities it was built on
Where later benches applied it
- 2025 Kallu Nat Alias Mayank Kumar Nagar v. State of U.P. and Anr.
- 2023 Kailash Vijayvargiya v. Rajlakshmi Chaudhuri and Others
- 2018 Manju Surana v. Sunil Arora & Ors.
- 2012 Samaj Parivartan Samudaya & Ors. v. State of Karnataka &ors.
Of those, 4 referred to
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