SMT. NAGAWWA versus VEERANNA SHIVALINGAPPA KONJALGI & ORS.

SMT. NAGAWWA versus VEERANNA SHIVALINGAPPA KONJALGI & ORS.

The High Court exceeded its jurisdiction by interfering with the Magistrate's order issuing process, as the order was reasoned and based on materials the Magistrate was entitled to consider under s. 202 CrPC; at this stage, accused have no right to participate, and materials filed by accused should not be considered.

Parties
Appellant: Smt. Nagawwa; Respondent 1: Veeranna Shivalingappa Konjalgi; Respondent 2: Respondent 2; Respondent 3: Respondent 3
Jurisdiction
India
Judgment Date
23 April 1976
Procedural Posture
Criminal Appeal / Appeal by Special Leave Against Karnataka High Court Order Setting Aside Magistrate's Order Issuing Process Under S. 204 Cr PC
Outcome
Appeal allowed; order of High Court set aside; Magistrate's order issuing process restored.
Legal Topics
Enquiry Under S. 202 Cr PC, Scope of Magistrate's Enquiry, Locus Standi of Accused at Process Issue Stage, High Court Revisional Jurisdiction
Criminal Procedure Enquiry Under S. 202 Cr PC Scope of Magistrate's Enquiry Locus Standi of Accused at Process Issue Stage High Court Revisional Jurisdiction

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

Smt. Nagawwa

Appellant

Veeranna Shivalingappa Konjalgi

Respondent 1

Respondent 2

Respondent 2

Respondent 3

Respondent 3

Procedural Posture

Criminal Appeal / Appeal by Special Leave Against Karnataka High Court Order Setting Aside Magistrate's Order Issuing Process Under S. 204 Cr PC

Legal Issues

  1. 1 Whether High Court was justified in interfering with the Magistrate's order issuing process under s. 204 CrPC based on materials not forming part of the complaint or evidence
  2. 2 Scope and limits of Magistrate's enquiry under s. 202 CrPC
  3. 3 Locus standi of accused at stage of issuing process

Ratio Decidendi

The High Court exceeded its jurisdiction by interfering with the Magistrate's order issuing process, as the order was reasoned and based on materials the Magistrate was entitled to consider under s. 202 CrPC; at this stage, accused have no right to participate, and materials filed by accused should not be considered.

Court Disposition

Appeal allowed; order of High Court set aside; Magistrate's order issuing process restored.

Orders

  • Order of Karnataka High Court dated December 16, 1975 set aside.
  • Order of Magistrate issuing process against respondents 1 and 2 restored.