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Dollyben Kantilal Patel vs State Of on 17 April, 2013 cites

State Of U. P vs Kailash Nath Agarwal & Ors on 16 March, 1973

18. So far as the locus of the present petitioner is concerned, it was vehemently argued by learned APP as well as learned counsel for original informant that present petitioner has no locus as the decision relied on by them in case of State of U.P. Vs. Kailash Nath Agarwal (supra) cannot be said to be an authority so far as the issue on locus is concerned. The judgment of the Apex Court is to be read on the basis of the facts discussed there under. Had there been a clear question qua locus and clear finding of the court than only it would be treated as binding precedent upon the court on point of locus.
Supreme Court of India Cites 32 - Cited by 37 - A Alagiriswami - Full Document

U.O.I. Thr. C.B.I. vs Narendra K.Amin on 10 February, 2014

The observations made by Division Bench of this Court in case of. Central Bureau of Investigation Vs. N.K. Amin and other (supra) has also been pressed into service to suggest that the locus has not been denied even by the Division Bench also. Therefore the question qua locus may not be held against the petitioner for non-suiting her. The Court is of the considered view that the question of locus on the part of the co-accused as such is not required to be gone into in this petition. However it is required to be noted that the number of citations and authorities pressed into service on behalf of the informant had indicated one proposition of law unequivocally that the Courts do not acknowledge any substantive say or right to substantive say on the part of co-accused, but that would not amount to completely denying locus. In a given case court may examine the controversy raised on behalf of the co-accused also if it is palpably wrong or erroneous. In the instant case the development of events and record of the order impugned in this petition clearly reveal that learned Magistrate has considered all the aspects before concluding in favour of the applicant for granting them pardon. Learned counsel for the informant had taken the Court extensively to the order passed to indicate that learned Magistrate has in fact linked and appreciated the material existing on record to come to a conclusion that if pardon is granted than it would surely help the cause of justice and help in arriving at truth which may help successful conclusion of trial.
Supreme Court - Daily Orders Cites 0 - Cited by 9 - Full Document
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