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Priyanka Srivastava & Anr vs State Of U.P.& Ors on 19 March, 2015

29. From the perusal of the complaint it can be seen that, the complainant/respondent No. 2 himself has made averments with regard to the filing of the Original Suit. In any case, when the complaint was not supported by an affidavit, the Magistrate ought not to have entertained the application under Section 156 (3) of the CrPC. The High Court has also failed to take into consideration the legal position as has been enunciated by this court in the case of Priyanka Srivastava v. State of U.P. (supra), and has dismissed the petitions by merely observing that serious allegations are made in the complaint".[Emphasis supplied]
Supreme Court of India Cites 32 - Cited by 1448 - D Misra - Full Document

State Of Punjab vs Davinder Pal Singh Bhullar & Ors.Etc on 7 December, 2011

In terms of the judgment of the Hon'ble Supreme Court in State of Punjab vs. Davinder Pal Singh Bhullar, (2011) 14 SCC 770, once primary action is declared void, all consequential actions would fall through for the reasons that illegality strikes at the root. Clearly, therefore, once order of the Ld. Magistrate is set aside, the consequential FIR will not exist. The present revision is clearly maintainable.
Supreme Court of India Cites 117 - Cited by 1099 - B S Chauhan - Full Document
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