Dr. Pranesh Vs State of Kar
Dr. Pranesh Vs State of Kar
BEFORE
And:
ORDER
the offences punishable under Sections 403, 406, 417, 419, 465,
468, 420 r/w Section 34 of IPC. The said case was referred to the
that event, the learned Magistrate has to consider the same along
with the ‘B’ report filed by the police and then take appropriate
Judge has power to set aside the order of the learned Magistrate,
to consider the fresh protest petition along with the ‘B’ report.
He contends that once the ‘B’ report is filed and contested by way
regard.
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9. The brief factual matrix of the above said case are little
10. The head note of the decision differs from the facts
police and the police after investigation submitted ‘B’ report and
Apex Court was of the opinion that protest petition or the protest
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it was referred and ‘B’ report was submitted by the police. In this
referred and ‘B’ report is submitted by the police, the Apex Court
want to proceed with the complaint, the Court while accepting ‘B’
set aside the order of the learned Magistrate only on the ground
complainant and his advocate who have to challenge the said ‘B’
to constitute offences under any penal laws for the time being in
is filed stating that the police have not properly investigated and
therefore, the Court has to once again intervene in the matter and
above said decision has held that even on the basis of the original
that once the ‘B’ report is filed it cannot be thrown out as useless
may or may not rely upon the said ‘B’ report, nevertheless, he has
any further inquiry is needed, he can also refer the matter under
gamut of the above said provisions i.e., Sections 200, 202 and
‘B’ report submitted by the police also play some role to assist the
basis of FIR directly to the police and the protest petition is filed
and the learned Magistrate has passed the order either taking
protest petition did not contain the ingredients of any offence, the
filed. If such being the case, it will definitely open a pandora box,
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in each and every case, where the protest petition is filed without
mind the protest petitions are filed, in each and every such case if
encouraged.
ORDER
Sd/-
JUDGE
msr*/NB*