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The Supreme Court held that if the Magistrate takes cognizance of the offence and issues summons to an accused by recording satisfaction based on the additional evidence produced by way of a protest.

Uttar pradeshVishnu kumar tiwariJyoti tiwaryVikram nathSatish chandra sharmaAjay kumar srivastavaJustice vikram nathRajesh pandeyHigh court under sectionSupreme courtHigh courtTrial courtSupreme court observationJustices vikram nathProtest petitionVishnu kumar