In Zunaid v. State of Uttar Pradesh (2023), what discretion did the Supreme Court recognize when a…
The Magistrate could use the protest petition as a complaint and proceed accordingly under the Code.
Choose your answer
In Zunaid v. State of Uttar Pradesh (2023), what discretion did the Supreme Court recognize when a Magistrate considered a protest petition following a final police report under the Code of Criminal Procedure, 1973?
Answer and explanation
Correct answer C
The Magistrate could use the protest petition as a complaint and proceed accordingly under the Code.
Option feedback
Option A
The Magistrate was not bound to accept the police conclusion. The Code left room to assess the available material and procedure.
Option B
Fresh investigation was not the only available response. The judgment recognized a complaint route for a protest petition.
Option C
The Magistrate could use the protest petition as a complaint and proceed accordingly under the Code.
Option D
The Magistrate could exercise independent judgment about cognizance. A recommendation to prosecute was not essential.
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