Anil Kumar Dubey and anr Vs. State of U.P. and Others
Anil Kumar Dubey and anr vs State of U.P. and Others
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- Court
- Allahabad High Court
- Judge
- Sunil Ambwani; Kashi Nath Pandey, JJ.
- Decided On
- Apr 18, 2011
- Case Number
- SPECIAL APPEAL NO. 1283 OF 2010
- Subject
- Constitution
Case Summary
AI-generated summary - not the official court judgment text.
[R.V. Raveendran; A. K. Patnaik] Indian Penal Code Section 452 - House-trespass after preparation for hurt, assault or wrongful restraint -- After investigation, the police filed two challans on 02.02.2006 before the Judicial Magistrate, First Class, Ludhiana. After further investigation, the Superintendent of Pol...
- Key legal issue
- Constitution
- Acts & sections
- Allahabad High Court Rules, 1952. - Chapter VIII Rule 5; U.P. Municipal Corporation Adhiniyam, 1959 - Section 107 (5); U.P. Nagar Mahapalika Sewa Niyamawali, 1962 - Section 108; Family Planning...
Parties & Advocates
Appellant / Petitioner
Anil Kumar Dubey and anr
Respondent
State of U.P. and Others
Legal References
- Acts
- Allahabad High Court Rules, 1952. - Chapter VIII Rule 5; U.P. Municipal Corporation Adhiniyam, 1959 - Section 107 (5); U.P. Nagar Mahapalika Sewa Niyamawali, 1962 - Section 108; Family Planning Scheme; Multi-Purpose Workers Scheme; Registration of Births and Deaths Rules - Section 7 (5)
Excerpt
.....section 173 of the cr.p.c. under which the police submits reports after investigation and after further investigation, section 190 of the cr. p.c. under which the magistrate takes cognizance of an offence upon a police report and section 482 of the cr.p.c. under which the high court exercises its powers to quash the criminal proceedings. report of police officer on completion of investigation. cognizance of offences by magistrate. sub-section (8) of section 173 further provides that where upon further investigation, the officer in charge of the police station obtains further evidence, oral or documentary, he shall also forward to the magistrate a further report regarding such evidence and the provisions of sub-section (2) of section 173, cr.p.c., shall, as far as may be, apply in relation to such report or reports as they apply in relation to a report forwarded under sub-section (2). thus, the report under sub-section (2) of section 173 after the initial investigation as well as the further report under sub-section (8) of section 173 after further investigation constitute "police report" and have to be forwarded to the magistrate empowered to take cognizance of the offence. r.p. kapur moved the punjab high court under section 561-a of the code of criminal procedure for quashing the proceedings initiated by the first information report.