Supreme Court of India
Amir Hamza Shaikh & Ors. v. State of Maharashtra & Anr.
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From the headnote
Code of Criminal Procedure, 1973 – ss.301, 302 – Permission to conduct prosecution – Respondent sought permission to prose cute in terms of s.302 Cr.P. . for offences punishable u/ ss. 498A, 406 r/w. 34 of IPC – Trial court declined the permission – Howe ver, the High Court granted permission to conduct prosecution – On appeal, held: Though the Magistrate is not bound to grant per mission at the mere asking but the victim has a right to assist the Court in a trial before the Magistrate – The Magistrate may co nsider as to whether the victim is in a position to assist the ourt and as to
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