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1 - 9 of 9 (0.23 seconds)Swapan Kumar Chatterjee vs Central Bureau Of Investigation on 4 January, 2019
The relevant
paragraphs of Swapan Kumar Chatterjee [Swapan Kumar
Chatterjee v. CBI, (2019) 14 SCC 328 : (2019) 4 SCC (Cri)
839] are as under: (Swapan Kumar Chatterjee
case [Swapan Kumar Chatterjee v. CBI, (2019) 14 SCC 328
: (2019) 4 SCC (Cri) 839] , SCC p. 331, paras 10-11)
"10.
Section 138 in The Negotiable Instruments Act, 1881 [Entire Act]
Article 227 in Constitution of India [Constitution]
V. N. Patil vs K. Niranjan Kumar on 4 March, 2021
Interpreting Section 311 of the Cr.P.C. the Apex Court in the
case of V.N.PATIL v. K.NIRANJAN KUMAR1 has held as follows:
The Negotiable Instruments Act, 1881
Section 420 in The Indian Penal Code, 1860 [Entire Act]
Section 200 in The Code of Criminal Procedure, 1973 [Entire Act]
Mrs. Jamuna Uke vs State Of Chhattisgarh 121 ... on 3 November, 2017
15. The principles related to the exercise of the
power under Section 311 CrPC have been well settled by
this Court in Vijay Kumar v. State of U.P. [Vijay
Kumar v. State of U.P., (2011) 8 SCC 136 : (2011) 3 SCC
(Cri) 371 : (2012) 1 SCC (L&S) 240] : (SCC p. 141, para 17)
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(2021) 3 SCC 661
11
"17. Though Section 311 confers vast
discretion upon the court and is expressed in the
widest possible terms, the discretionary power under
the said section can be invoked only for the ends of
justice. Discretionary power should be exercised
consistently with the provisions of the Code and the
principles of criminal law. The discretionary power
conferred under Section 311 has to be exercised
judicially for reasons stated by the court and not
arbitrarily or capriciously. Before directing the
learned Special Judge to examine Smt Ruchi Saxena
as a court witness, the High Court did not examine
the reasons assigned by the learned Special Judge
as to why it was not necessary to examine her as a
court witness and has given the impugned direction
without assigning any reason."
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