Supreme Court of India
Har Prasad and Anr. v. Ranveer Singh and Anr.
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From the headnote
Code of Criminal Procedure, 1973 - ss.173 and 190 - · False affidavit filed with protest petition - Sessions Judge held c that by reason thereof, the Magistrate could not have passed any order - High Court set aside the order of Sessions Judge - Correctness of - Held: Correct, since order passed by the Magistrate was in consideration of the report submitted under s. 173 CrPC and not relatable to the protest petition. The Sessions Judge, in criminal revision, held that since a false affidavit had been filed with the protest . petition, the Magistrate could not have been proceeded in the matter
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