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1 - 10 of 10 (0.50 seconds)Ankit Bharti vs State Of U.P. And Another on 2 March, 2020
This type of order has already been held unsustainable by this Court in the case of Ankit (supra) relying on in a number of decisions of the Apex Court. The relevant portion of the said judgement, is extracted below:
R. P. Kapur vs The State Of Punjab on 25 March, 1960
All the submission relates to the disputed question of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. At this stage only prima facie case is to be seen in the light of the law laid down by Supreme Court in cases of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426. The disputed defence of the accused cannot be considered at this stage.
U.P. Pollution Control Board vs M/S Mohan Meakins Ltd. And Others on 27 March, 2000
"Although as held by this Court in the case of Megh Nath Guptas & Anr V State of U.P. And Anr, 2008 (62) ACC 826, in which reference has been made to the cases of Deputy Chief Controller Import and Export Vs Roshan Lal Agarwal, 2003 (4^) ACC 686 (SC), UP Pollution Control Board Vs Mohan Meakins, 2000 (2) JIC 159 (SC): AIR 2000 SC 1456 and Kanti Bhadra Vs State of West Bengal, 2000 (1) JIC 751 (SC): 2000 (40) ACC 441 (SC), the Magistrate is not required to pass detailed reasoned order at the time of taking cognizance on the charge sheet, but it does not mean that order of taking cognizance can be passed by filling up the blanks on printed proforma. At the time of passing any judicial order including the order taking cognizance on the charge sheet, the Court is required to apply judicial mind and even the order of taking cognizance cannot be passed in mechanical manner. Therefore, the impugned order is liable to be quashed and the matter has to be sent back to the Court below for passing fresh order on the charge sheet after applying judicial mind."
Section 147 in The Indian Penal Code, 1860 [Entire Act]
State Of Orissa vs Rajendra Prasad Bharadia on 13 May, 1994
This application u/s 482 Cr.P.C. has been filed with prayer to quash the impugned charge sheet dated 23.12.2019 no. 613 of 2019 as well as cognizance/summoning order dated 14.02.2020 passed by learned A.C.J.M.-I, Agra, in Criminal Case No. 1083 of 2020 (State Vs. Rajendra and Other) arising out of Case Crime No. 0455 of 2019 under Section 147, 160, 336, 504, 506 I.P.C. & 7 Crl. Law Amendment Act, Police Station Malpura, District- Agra. With an alternative prayer to stay the aforesaid case.
Section 336 in The Indian Penal Code, 1860 [Entire Act]
Section 504 in The Indian Penal Code, 1860 [Entire Act]
Section 506 in The Indian Penal Code, 1860 [Entire Act]
Section 160 in The Indian Penal Code, 1860 [Entire Act]
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