RAJPATI versus BACHAN & ANR.

RAJPATI versus BACHAN & ANR.

The absence of a finding regarding existence of breach of peace in the Magistrate's final order under Section 145 CrPC does not vitiate the order, as satisfaction recorded in the preliminary order is sufficient to confer jurisdiction, and any omission is merely a curable irregularity not affecting the merits or causing prejudice.

Parties
Appellant: Rajpati; Respondent: Bachan; Respondent: Another Respondent
Jurisdiction
India
Judgment Date
28 July 1980
Procedural Posture
Criminal Appeal / Supreme Court Appeal by Special Leave From High Court Order in Cr. Misc. Case No. 356/79
Outcome
Appeal allowed
Legal Topics
Section 145 Cr PC, Curable Irregularities, Magistrate's Jurisdiction, Breach of Peace
Criminal Law Criminal Procedure Section 145 Cr PC Curable Irregularities Magistrate's Jurisdiction Breach of Peace

Case Brief

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Parties

Rajpati

Appellant

Bachan

Respondent

Another Respondent

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Appeal by Special Leave From High Court Order in Cr. Misc. Case No. 356/79

Legal Issues

  1. 1 Is it necessary for the Magistrate to record existence of breach of peace in the final order under Section 145 CrPC?
  2. 2 Does omission to record breach of peace in the final order vitiate the order?

Ratio Decidendi

The absence of a finding regarding existence of breach of peace in the Magistrate's final order under Section 145 CrPC does not vitiate the order, as satisfaction recorded in the preliminary order is sufficient to confer jurisdiction, and any omission is merely a curable irregularity not affecting the merits or causing prejudice.

Court Disposition

Appeal allowed

Orders

  • The order of the High Court is set aside.
  • The order of the Magistrate is confirmed.