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Smt. Meena vs State Of U.P. And 2 Others on 22 October, 2020

7. In the instant matter, perusal of record shows that after investigation, police have preferred final report dated 15.10.2019 and against that report, opposite party no. 3 has preferred a protest petition, on which the impugned order has been passed. Here it would be pertinent to mention that Hon'ble Apex Court in Minu Kumari & Ors Vs. State of Bihar reported in 2006 (4) SCC 359 has observed that when final report is submitted before the Magistrate, he has four options:
Allahabad High Court Cites 22 - Cited by 0 - R B Singh - Full Document

Bhuta Ram vs State Of Rajasthan (2023:Rj-Jd:24935) on 3 August, 2023

11. It is settled legal position and has also been elaborated upon in Minu Kumari and Ors. Vs. the State Of Bihar & Ors. reported in AIR 2006 SC 1937 by Hon'ble the Supreme Court that upon receipt of the final report, there are three alternatives that a magistrate can opt for; namely, taking of cognizance; directing for further investigation and initiating inquiry upon filing of protest petition. In the matter at hand, the trial court has opted for one of the alternatives and it had every right and authority to move forward in this manner.
Rajasthan High Court - Jodhpur Cites 24 - Cited by 0 - F Ali - Full Document

Jagarnath vs State Of U.P. And 3 Others on 8 October, 2020

9. It is fairly well settled position of law that if after investigation of a case police submits final report and against that final report, informant files protest petition, the Magistrate has jurisdiction to treat the protest petition as a complaint case. The Hon'ble Apex Court in Minu Kumari & Ors Vs. State of Bihar reported in 2006 (4) SCC 359 has observed that when final report has submitted before the Magistrate he has four options:
Allahabad High Court Cites 15 - Cited by 0 - R B Singh - Full Document

Rajendra Prasad Singh vs The State Of Bihar on 27 August, 2025

10. The learned Advocate on behalf of the petitioners refers to two decisions in support of their contention passed in CWJC No.3336 of 2024 (Kumar Nawlesh @ Kumar Nawlesh Roy & Ors. Vs. The State of Bihar & Ors.), decided on 28.02.2024 and CWJC No.19368 of 2021 (Rina Devi Vs. The State of Bihar & Ors.), decided on 11.01.2024, in both the judgments the provision of Section 9 of the Bihar Land Mutation Act was considered in relation to the notice issued by the Additional Collector-cum-Additional District Magistrate, Aurangabad (Annexure-7). It was held by both the Courts as hereunder:-
Patna High Court - Orders Cites 5 - Cited by 0 - Full Document

The State Of Bihar & Ors vs Birendra Kunwar & Ors on 12 December, 2018

Re. L.P.A. No. 185 of 2018 Mr. S. Raza Ahmed, learned Additional Advocate General No. 5 has invited the attention of this Court to the judgement of another learned Single Judge on the same issue in C.W.J.C. No. 1308 of 2016 (Most. Meena Devi V. State of Bihar & Ors.) decided on 19th of August, 2017. It is also informed at the Bar that a Letters Patent Appeal against the said judgment has been filed being L.P.A. No. 1572 of 2017. It would be Patna High Court LPA No.185 of 2018(5) dt.12-12-2018 2/2 appropriate that this appeal is also heard along with the said appeal.
Patna High Court - Orders Cites 1 - Cited by 0 - A Mishra - Full Document

Kodali Mamatha Gunturu Mamatha vs The State Of Andhra Pradesh on 26 April, 2022

While considering the application filed by the 2nd respondent under Section 190 of Cr.P.C, the Court below, without considering the merits of the Charge Sheet, only by taking into account the sworn affidavit of the 2nd respondent has issued summons which is contrary to the observations made by the High Court for the combined State of Andhra Pradesh in case between S.Bala Krishna v. The State of Telangana and others and also the observations made by the Apex Court in case between Minu Kumari and others v. The State of Bihar and Others.
Andhra Pradesh High Court - Amravati Cites 6 - Cited by 0 - Full Document

Unknown vs 9.03.2022 on 9 March, 2022

While considering the application filed by the nd 2 respondent under Section 190 of Cr.P.C, the Court below, without considering the merits of the Charge Sheet, only by taking into account the sworn affidavit of the 2nd respondent has issued summons which is contrary to the observations made by the Hon'ble High Court for the combined State of Andhra Pradesh in case between S.Bala Krishna v. The State of Telangana and others1 and also the observations made by the Hon'ble Apex Court in case between Minu Kumari and others v. The State of Bihar and Others2.
Andhra Pradesh High Court - Amravati Cites 6 - Cited by 0 - Full Document
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