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R.H. Bhutani vs Miss Mani J. Desai & Ors on 23 April, 1968

(25) In R.H. Bhutani v. Miss Mani I. Desai and others, , the Supreme Court has observed that the satisfaction under subsection (1) of section 145, Criminal Procedure Code, is that of the Magistrate. No hard and fast rule can be laid down as to the sufficiency of the material for his satisfaction. But the discretion of the Magistrate has to be exercised in accordance with well recognized rules of law. The satisfaction can be both from the police report or from other information. It is not necessary that before proceedings under section 145(1), Criminal Procedure Code, the Magistrate must call for a police report. The words "other information" are wide enough to include an application by a private party and once a Magistrate has examined the appplicant on oath and is satisfied that his application discloses the existence of a dispute and the likelihood of a breach of peace there is no bar to his acting under section 145(1). The High Court should not go into the sufficiency of the material which has satisfied the Magistrate while exercising revisional jurisdiction.
Supreme Court of India Cites 11 - Cited by 98 - J M Shelat - Full Document
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