Search Results Page

Search Results

1 - 10 of 337 (3.46 seconds)
Documents citing Som Mittal vs Govt. Of Karnataka on 29 January, 2008

Manharbhai Arvindbhai Patel & vs State Of Gujarat & on 4 August, 2017

In case of Som Mittal v. Government of Karnataka, reported in 2008 Law Suit (SC) 137, it is held that inherent powers under Section 482 CrPC has no rule but it is an exception to be applied only when it is brought to the notice of the Court that grave miscarriage of justice would be committed, if the trial is allowed to proceed and the accused would be harassed unnecessary, if the trial is allowed to linger when prima facie it appears that Page 19 of 21 HC-NIC Page 19 of 21 Created On Sat Aug 12 10:47:05 IST 2017 R/CR.MA/14868/2013 CAV JUDGMENT trial would likely to be ended in acquittal. Power under Section 482 CrPC can be invoked either to prevent abuse of process of any Court or otherwise to secure the end of justice.
Gujarat High Court Cites 10 - Cited by 0 - B N Karia - Full Document

Dhirendra Pratap Singh vs State Of U.P. And Another on 16 April, 2020

In Som Mittal (supra), Court also said that exercise of inherent power under Section 482 CrPC is not a rule but exception. Exception is applied only when it is brought to notice of Court that grave miscarriage of justice would be added if trial is allowed to proceed where accused would be harassed unnecessarily or if trial is allowed to linger when prima facie it appears to Court that trial would likely to be ended in acquittal. Whenever question of fact is raised which requires evidence, Courts always said that at pre trial stage i.e. at the stage of cognizance taken by Magistrate power under Section 482 CrPC would not be appropriate to be utilized, since, question of fact has to be decided in the light of evidence which are yet to be adduced by parties.
Allahabad High Court Cites 59 - Cited by 8 - S Agarwal - Full Document

Dr. Monica Kumar & Anr vs State Of U. P. & Ors on 27 May, 2008

32. This Court in the latest decision has held that where investigation was completed, charge sheet had been filed and charges are framed, the High Court should not ordinarily embark upon an enquiry as to the reliability of offences to sustain the allegations made in the complaint which is the function of the trial court. [see Som Mittal v. Government of Karnataka (2008) 2 SCC 753]
Supreme Court of India Cites 41 - Cited by 337 - L S Panta - Full Document
1   2 3 4 5 6 7 8 9 10 Next