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Supreme Court of India 2019-07-09 allowed

VISHNU KUMAR TIWARI vs THE STATE OF UTTAR PRADESH

Bench: 2 — Sanjay Kishan Kaul, K.M. Joseph

In Brief

A husband challenged a High Court order that directed a magistrate to reconsider a protest petition against a final police report of no charge in a dowry death case. The deceased wife died during childbirth-related complications (septic shock). The Chief Judicial Magistrate had found no prima facie case after reviewing investigation statements and medical evidence. The Supreme Court held that the magistrate properly considered the protest petition and that merely having two possible views does not justify High Court interference. The Court clarified that while a magistrate can treat a protest petition as a complaint if it meets statutory requirements, he cannot be compelled to do so. The appeal was allowed and the High Court's order set aside.

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Criminal Procedure Dowry death Protest petition Final report Cognizance High Court jurisdiction Magistrate's discretion

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