Magistrate Can’t Entertain Protest Petition Against Own Order Taking Cognisance: Supreme Court

Case: Ramakant Singh and others v. The State of Jharkhand and another

Coram: Justices Abhay S Oka and Pankaj Mithal

Case No.: CRIMINAL APPEAL NO(S). 3484 OF 2023

Court Observation: “Such a course was not permissible as it was not open for the learned Chief Judicial Magistrate to entertain a protest petition against his earlier order of taking cognizance. The order dated 3rd November, 2009, amounts to modification of the earlier order dated 9th April, 2009, which was not permissible as there is no power conferred on the learned Judicial Magistrate to modify earlier order of taking cognizance.”

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