VidhiSangh

Supreme Court of India · 09/07/2019

VISHNU KUMAR TIWARI versus STATE OF UTTAR PRADESH THROUGH SECRETARY HOME, CIVIL SECRETARIAT LUCKNOW AND ANOTHER

[2019] 8 S.C.R. 1114 · 2019 INSC 742

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Summary

The High Court wrongly ordered reconsideration on the premise that the Magistrate had ignored a protest petition against a closure report. The Magistrate had considered the objections and investigation material, including medical statements. Although a qualifying protest petition may be treated as a complaint, that course is not compulsory. The complainant retained the right to file a regular complaint; the High Court order was set aside for all accused in the circumstances.

Issues

  1. Whether the Magistrate had failed to consider the protest petition before accepting the closure report.
  2. Whether a Magistrate must treat every protest petition as a complaint and initiate complaint proceedings.

Provisions considered

Held

Result

Appeal allowed and High Court order set aside, including in relation to the other accused. This was without prejudice to the complainant’s right to file a complaint, as recognised by the Additional Sessions Judge.

Judgment PDF: Supreme Court of India, [2019] 8 S.C.R. 1114.