VidhiSangh

Supreme Court of India · 29/08/2023

ZUNAID versus STATE OF UP. & ORS.

[2023] 11 S.C.R. 715 · 2023 INSC 778

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Summary

The Court restored a Magistrate’s decision to treat a protest petition as a complaint and summon the accused after examining the complainant and eight witnesses. The High Court wrongly treated further police investigation as the required course and interfered with a lawful exercise of discretion. It also should not have allowed the belated amendment challenging the earlier complaint-registration order on these facts.

Issues

  1. Whether a Magistrate could pursue the complaint procedure after receiving an adverse police final report.
  2. Whether the High Court properly interfered with the registration and subsequent summons orders.

Provisions considered

Held

Result

Appeals allowed. High Court orders set aside; CJM directed to proceed with the complaint according to law. Accused permitted to respond to summons and appear within two weeks. Pending applications disposed of.

Judgment PDF: Supreme Court of India, [2023] 11 S.C.R. 715.