Supreme Court of India
Mukhtar Zaidi v. The State of Uttar Pradesh & Anr.
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What the Court ordered
We are of the view that the Magistrate ought to have followed the provisions and the procedure prescribed under Chapter XV of the Cr.P.C. Accordingly, we allow this appeal, set aside the impugned orders passed by the High Court as also the CJM, Aligarh.
Judgment, page 9
From the headnote
Issue for Consideration Whether CJM as also the High Court fell in error in taking cognizance u/s. 190(1)(b) Cr.P. . inasmuch as the CJM had relied upon not only the Protest Petition which was supported by affidavit of the complainant but also on the affidavits of witnesses which were filed along with the Protest Petition to support the contents of the complaint. Headnotes Code of Criminal Procedure, 1973 – s.190(1)(b), s.200 – FIR lodged – Police report filed u/s. 173(2) Cr.P. . – I.O. found that no evidence could be collected which could substantiate the allegations made in the FIR –
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