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Documents citing Daya Kishan And Another vs Banarsi Dass on 21 January, 2010

Ramesh Vinayak vs Gurpreet Singh Ahluwalia & Anr on 5 February, 2018

Counsel for the petitioner has relied upon the judgment passed by this Court "Daya Kishan and another vs Banarsi Dass", 2010(2) RCR (Criminal) 451, wherein this Court has held that a Magistrate cannot recall his order once the complaint has been dismissed for non-prosecution as there is no such procedure provided in the Code of Criminal Procedure. It is further submitted on behalf of the petitioner that the trial Court has not obtained a report under Section 202 Cr.P.C. as the petitioner and other accused are residing beyond the area in which the Magistrate/trial Court exercise its jurisdiction. It is further submitted that as per the provisions of Section 202 Cr.P.C., the trial Court should have postpone the issue of process and either it should have enquired into the case before itself or direct an investigation to be made by a Police Officer in this regard. Counsel for the petitioner has further submitted that the petitioner is an Editor of Hindustan Times having its office at Industrial Area, Mohali, Punjab and therefore, the same does not fall in the jurisdiction of the trial Court at Chandigarh. Counsel for the petitioner has further argued that even the Living India news is having its office at village Tangri, Punjab as is clear from the memo of parties of the impugned complaint (Annexure P1) itself.
Punjab-Haryana High Court Cites 22 - Cited by 1 - A S Sangwan - Full Document

Chetan Juneja vs Naveen Gupta on 11 November, 2013

In Daya Kishan's case (supra) this Court, while relying upon the decision in Maj. Genl. A S Gauraya has held that there is no provision Bimbra Mohan Lal 2013.11.18 17:22 I attest to the accuracy and integrity of this document Chandigarh CRM M 25385 of 2012 4 under the Code, which empowers the Magistrate to recall or review his order once passed by him, except in cases where these are interim in nature.
Punjab-Haryana High Court Cites 6 - Cited by 0 - R Mittal - Full Document

Baljeet Saini And Ors vs Yadram Saini on 27 March, 2018

" Learned counsel for the petitioners submits that the complaint filed by the respondent was dismissed vide order dated 03.02.2014 (Annexure P-2) and thereafter, it was restored on 10.03.2014 (Annexure P3). However, it was again dismissed on 28.04.2015 (Annexure P-4). Learned counsel further submits that the said order was challenged before the Revisional Court and without issuing any notice to the petitioner, the directions have been issued, which are contrary to settled proposition of law as 1 of 3 ::: Downloaded on - 14-05-2018 22:28:27 ::: CRM-M No.29161 of 2015 -2- has been held in the judgments of Hon'ble the Apex Court in cases Major General A.S. Gauraya vs S.N. Thakur 1988(1) RCR (Criminal) 3 as well as Manharibhai Muljibhai Kakadia and another vs Shaileshbhai Mohanbhai Patel and others 2012(4) RCR (Criminal) 689, judgments of this Court in cases Daya Kishan and another vs Banarsi Dass 2010(2) RCR (Criminal) 451 as well as Des Raj Garg vs Ramesh Verma passed in CRR No.1795 of 2013, decided on 11.03.2014.
Punjab-Haryana High Court Cites 4 - Cited by 0 - M S Sindhu - Full Document
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