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1 - 7 of 7 (0.20 seconds)Article 21 in Constitution of India [Constitution]
Section 251 in The Code of Criminal Procedure, 1973 [Entire Act]
Md.Sukur Ali vs State Of Assam on 24 February, 2011
3. The learned counsel for the petitioners had placed strong reliance
on one recent judgment of the Hon'ble Supreme Court in " Mohd.
Sukur Ali vs State of Assam", (2011) Supreme Court Cases 729 in
support of the contention that the conviction of the petitioners by the
trial Court without providing them the legal aid at State expense is
totally unsustainable. It was also submitted that after setting aside the
orders of the Courts below the cases deserve to be remanded back to
the Magistrate for a de novo trial from the stage one in such like cases
since even the appellate Court also did not take into consideration this
fatal infirmity in the trial even though it was pointed out on behalf of
the petitioners.
Section 482 in The Code of Criminal Procedure, 1973 [Entire Act]
Suk Das & Anr vs Union Territory Of Arunachal Pradesh on 10 March, 1986
4. I have given my thoughtful consideration to the matter and have
unhesitatingly come to the conclusion that both these petitions deserve
to be allowed as the petitioners have been held guilty of being
professions beggars without a fair trial which they were entitled to get
even if a summary procedure was to be followed for their trial
Summary procedure does not mean no procedure at all or trial ignoring
the law laid down by the highest Court of the land which has been by
the learned Special Magistrate in the case of these two petitioners.
Section 401 in The Code of Criminal Procedure, 1973 [Entire Act]
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