Supreme Court of India

Rameshbhai Pandurao Hedau v. State of Gujarat

Neutral citation

Bench Altamas Kabir and Cyriac Joseph JJ.

Decided 19 March 2010

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

6 Supreme Court benches have cited this judgment.

What the Court ordered

We find no reason to interfere with the order of the High Court impugned in the ·E appeal.

Judgment, page 7

From the headnote

CODE OF CRIMINAL PROCEDURE, 1973: c ss. 156(3) and 202 - Power of Magistrate to order investigation - HELD: Powers u/s 156(3) can be invoked by Magistrate at pre-cognizance stage whereas powers u/s 202 are to be invoked after cognizance is taken but before issuance of process - Once the Magistrate takes cognizance 0 he is thereafter precluded from ordering investigation uls 156(3) - In the instant case, on the complaint fifed, the Magistrate having taken cognizance, rightly postponed the issuance of process and kept the complaint for court inquiry uls 202 - There is no reason to interfere…

Authorities it was built on

2001 Suresh Chand Jain v. State of Madhya Pradesh and Anr. cited by 4
2009 Dharmeshbhai Vasudevbhai & Ors. v. State of Gujarat & Ors. cited by 1

Where later benches applied it

2015 Ramdev Food Products Private Limited v. State of Gujarat relied on
2025 Kallu Nat Alias Mayank Kumar Nagar v. State of U.P. and Anr. referred to
2012 Anju Chaudhary v. State of U.P. & Anr. referred to
2025 Sadiq B. Hanchinmani v. The State of Karnataka & Ors. R1: the State of Karnataka R2: Chndrumal R3: Sanjay R4: Nandkumar R5: Vijay mentioned
2023 Cardinal Mar George Alencherry v. State of Kerala & Anr. mentioned
2021 M/s. Supreme Bhiwandi Wada Manor Infrastructure Pvt. Ltd. v. The State of Maharashtra & Anr. mentioned

Of those, 1 relied on · 2 referred to · 3 mentioned

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