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Madhu Limaye vs Sub-Divisional Magistrate, Monghyr & ... on 28 October, 1970

12. The Magistrate having clearly failed to apply his mind to the information received and having failed to set forth the substance of the information received and putting the same to the petitioners, besides also failing to satisfy himself as to there being any threat or breach of peace, in my opinion, the initiating of proceedings under Sections 107/151 Cr.P.C. are in violation of the Supreme Court decision in Madhu Limaye's case (supra). Therefore, further continuation of the proceedings would be an abuse of the process of the Court. It may also be noticed that for the offences attributed to the petitioners, case FIR No. 10 dated 5-2-2001 already stands registered at police station Sahnewal in which both the parties are involved. Parties would face their trial in accordance with law.
Supreme Court of India Cites 36 - Cited by 292 - M Hidayatullah - Full Document
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