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1 - 8 of 8 (0.36 seconds)Section 304A in The Indian Penal Code, 1860 [Entire Act]
Section 258 in The Code of Criminal Procedure, 1973 [Entire Act]
Dr. Suresh Gupta vs Govt. Of N.C.T. Of Delhi & Anr on 4 August, 2004
4. The learned counsel for the petitioner relies on the decision reported in Dr. Suresh Gupta v. Government of NCT of Delhi and Anr. and contends that at any rate, the alleged conduct of the petitioner while she allegedly treated the patient in question cannot qualify to be termed culpable rashness and negligence attracting a charge under Section 304A IPC. Even though it is said that the dictum in the said decision has been doubted and referred to a larger bench, the law remains what it is declared in the above decision and no later decision has been brought to my notice.
Section 256 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 240 in The Code of Criminal Procedure, 1973 [Entire Act]
Adalat Prasad vs Rooplal Jindal & Ors on 25 August, 2004
In these circumstances, notwithstanding the dictum in Adalat Prasad v. Rooplal Jindal (2004 (3) KLT 382 (SC) = 2004 AIR SCW 5174), it has to be held that the learned Magistrate has, at least, in a prosecution in a summons case instituted otherwise than on a police report, the power to discontinue the proceedings at the stage of Section 251 Cr.P.C. by invoking his powers under Section 251 along with the powers under Section 256 Cr.P.C. That is explicit in the language of Section 258 Cr.P.C which I extract below:-
Section 239 in The Code of Criminal Procedure, 1973 [Entire Act]
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