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1 - 10 of 10 (0.51 seconds)Naveen Dubey vs M.P.Urja Vikas Nigam Ltd on 23 November, 2010
As discussed above, it is not necessary for this Court to
appreciate the evidence, otherwise, prejudice would be caused to
the trial Court during the trial. However, considering the
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Mis. Cr. Case No.5892/2014 (Vijay Kumar Vs. State of MP & ors)
aforesaid situation, it is not a case in which it can be said that no
offence is made out against the applicant. It is not a good case
in which inherent power under section 482 of Cr.P.C., of this
Court can be invoked. The application filed under section 482 of
Cr.P.C., by the applicant, Vijay Kumar is hereby dismissed at
motion stage.
Section 27 in The Indian Evidence Act, 1872 [Entire Act]
Section 164 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 120B in The Indian Penal Code, 1860 [Entire Act]
The Indian Evidence Act, 1872
Section 227 in The Code of Criminal Procedure, 1973 [Entire Act]
Smt. Devendra Kumari vs The State Of Madhya Pradesh on 28 January, 2015
Cr. Case No.5892/2014 (Vijay Kumar Vs. State of MP & ors)
order passed by the Single Bench of this Court in case of
"Devendra Kumar Vs. State of M.P., through P.S.,
Piplilyamandi" [2011 Cr.L.R. (M.P.) 241] in which the
revisionary Court has held that if there is no evidence against the
applicant, then he can be discharged.
Prakash Singh vs State Of M.P. on 20 March, 2015
Learned counsel for the applicant has drawn attention of
this Court on the ground that the evidence given by the co
accused is not admissible and it cannot be relied upon. He has
placed reliance upon the order passed by Single Bench of this
Court in the case of "Prakash Singh Vs. State of M.P.," [1994
(II) MPWN SN 72] in which it is held that if there is evidence
collected against the accused then the procedure under section
227 of Cr.P.C., can be followed and accused may be discharged.
The learned counsel for the applicant has also relied upon the
3
Mis.
Lohit Kaushal vs State Of Haryana on 4 August, 2009
Actually, the judgment by the Apex Court in the case of
Lohit Kaushal (supra) is passed in an appeal filed through
Special Leave Petition. At present, it is a case in which the
charge sheet has been filed against the applicant and no
conviction has been drawn. Under these circumstances, the
evidence collected by the prosecution cannot be appreciated in a
petition under section 482 of Cr.P.C., otherwise, prejudice would
be caused before the trial Court.
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