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Supreme Court Of India

Hon'ble Judge(s): Sanjay Kishan Kaul, K. M. Joseph , JJ

Criminal P.C. (2 of 1974) , S.200, S.202, S.161, S.190— Protest petition-Procedure to be followed-If Magistrate convinced after considering final report and statements u/S. 161 of Cr.P.C. that no prima facie case made out, Magistrate could not be compelled to take cognizance by treating protest petition as complaint-If protest petition fulfills requirements of complaint, Magistrate may treat protest petition as complaint and deal with it as required u/S. 200 read w/S. 202 of the Code. (Para 31 33 41 45) High Court set aside the orders of dismissal of protest petition passed by the Chief Judicial Magistrate and the Additional Sessions Judge. The Chief Judicial Magistrate was directed to consider the protest petition afresh in the light of the observations made therein. High Court proceeded on the basis, that the Magistrate has not taken into consideration the protest petition and it was his pious duty to consider the facts mentioned in the petition. On the basis of the materials which include the statements of the Doctors and after adverting to the contentions of the protest petition, the Magistrate has come to the conclusion that it is not a fit case for being continued and the matter should end as the daughter of the second respondent/complainant....