8 Dec 1994
Re Court of the Special Judge Delhi, India
- Citation
- Re Court of the Special Judge Delhi, India
- Court
- Court of First Instance
- Case number
- HCMP390/1994
Under Indian law, criminal proceedings are instituted only when the magistrate takes cognizance upon receipt of the police report/charge sheet (s.173/s.190 CrPC); the sending of a First Information Report under s.157 informing the magistrate of an investigation does not transfer the criminal process to the court, therefore the s.77B threshold of 'proceedings which have been instituted' was not met and the ex parte order was beyond jurisdiction and set aside.