Supreme Court of India

Rameshbhai Pandurao Hedau v. State of Gujarat

Neutral citation
Reported as [2010] 3 S.C.R. 522
Bench Altamas Kabir and Cyriac Joseph JJ.
Decided 19 March 2010

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.

3 Supreme Court benches have cited this judgment.

What the Court ordered

We find no reason to interfere with the order of the High Court impugned in the ·E appeal.

Judgment, page 7

From the headnote

CODE OF CRIMINAL PROCEDURE, 1973: c ss. 156(3) and 202 - Power of Magistrate to order investigation - HELD: Powers u/s 156(3) can be invoked by Magistrate at pre-cognizance stage whereas powers u/s 202 are to be invoked after cognizance is taken but before issuance of process - Once the Magistrate takes cognizance 0 he is thereafter precluded from ordering investigation uls 156(3) - In the instant case, on the complaint fifed, the Magistrate having taken cognizance, rightly postponed the issuance of process and kept the complaint for court inquiry uls 202 - There is no reason to interfere

Where later benches applied it

Of those, 1 relied on · 2 referred to

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