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.”

Previous Posts

Daily Diary Reports Must Contain Details Of ‘Specific Activities’ That Necessitated Preventive Detention: J&K High Court

Insolvency & Bankruptcy Code: Section 14 Does Not Bar Finalisation Of Assessment, Adjudication Proceedings: Kerala High Court

Order 20 Rule 16 CPC | Not Mandatory To Pass Preliminary Decree In Every Suit For Accounts: J&K High Court

Need To Separate The Chaff From The Grain Only Where Testimony Is Partly Reliable And Partly Unreliable: Supreme Court

UP VAT Act | Definition Of “Goods” Under Sec. 2(m) And Sec. 13(1)(f) Includes Taxable As Well As Exempted Goods: Supreme Court

Related Articles

• Order VIII Rule 6A CPC -Counter Claim Can Be Set Up Only ‘Against The Claim Of Plaintiffs’: Supreme Court
• Courts Where Wife Takes Shelter After Leaving Matrimonial Home Due To Cruelty Can Entertain Section 498A IPC Complaint: Supreme Court
• Magistrate Can Dismiss Defamation Complaint By Applying Exceptions Under S.499 IPC Before Issuing Summons To Accused: Supreme Court