summons issued was
returned, it was expected that the order of re-issuance of
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summons ought to have been passed at the motion of the
Court. The presence of complainant was not required for
passing such
Court On Its Own Motion vs Mahender Singh Manan & Ors. on 29 March, 2017
Author: Gita Mittal
Bench: Gita Mittal , Anu Malhotra ... 2017 (to be numbered)
% COURT ON ITS OWN MOTION ..... Petitioner
Through : Nemo
versus
1. MAHENDER SINGH MANAN
alias MAHENDER SHARABI
s/o PALE
applicant requested
the complainant that the sample in question be sent
for reanalysis to the Central Laboratory vide
communication dated ... made by the
applicant, the complainant did not send the sample for
reanalysis as per the request made by the applicant.
Thereafter, the impugned
responsible for this delay. As observed by
Krishna Iyer, J. in In Re.: The Special Courts Bill,
1978, (1979) 1 SCC 380 at page ... common knowledge that
currently in our country criminal Courts excel in
slow-motion. The procedure is dilatory, the dockets
are heavy, even the service
Khaira, AAG, Punjab.
ARVIND SINGH SANGWAN, J. (Oral)
While issuing notice of motion, the following order was
passed on 04.08.2017:-
"This petition has been ... application of the petitioner filed under Section 311
Cr.P.C. for re-calling PW - Balbir Singh son of Hari Singh
and PW - ASI Amar
other proceedings in the case
pursuant to the impugned judgment.
Notice of motion was issued. Respondent put in appearance
through his counsel and contested this ... record, I find that an application was filed by
complainant-respondent for re-examination of witness DSP (Retd.)
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whole process of trial resort to the motion as in the case at hand.
If, such motions are allowed in the given facts and circumstances ... trial or
to fill up the gaps in the defence by re-examining the prosecution
witnesses."
Having accorded consideration to the reasons recorded
Securities And Exchange Board Of India vs Classic Credit Ltd. on 21 August, 2017
Equivalent
Amrutbhai Shambhubhai Patel vs Sumanbhai Kantibhai Patel & Ors on 2 February, 2017
Equivalent citations
Ratanlal vs Prahlad Jat on 15 September, 2017
Equivalent citations: AIR 2017 SUPREME COURT 5006