In Brief
The Supreme Court examined whether a Magistrate can take cognizance based on a Protest Petition containing affidavits without following the legal procedure required for complaints. The Magistrate had rejected a police closure report in a criminal case and taken cognizance based on the Protest Petition and accompanying affidavits, treating it as a state case. The Court held that when a Protest Petition is supported by affidavits of the complainant and witnesses, and the Magistrate relies on these affidavits to take cognizance, the Magistrate must treat the petition as a complaint and follow the statutory procedure under Chapter XV of the Cr.P.C., including examination of witnesses. The Court set aside the orders and allowed the appeal, permitting the Magistrate to proceed afresh according to law.
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