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1 - 10 of 10 (0.33 seconds)Section 273 in The Indian Penal Code, 1860 [Entire Act]
Section 34 in The Indian Penal Code, 1860 [Entire Act]
Section 56 in The Food Safety And Standards Act, 2006 [Entire Act]
Section 205 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 420 in The Indian Penal Code, 1860 [Entire Act]
Ram Nath International Construction ... vs State Of U.P on 21 October, 1997
8. Mr. Himanshu Sekhar Mishra, learned counsel for the
petitioners submits that in view of the nature of allegations against
the petitioners the proceedings itself not maintainable in view of the
decision of the Apex Court in the case of Ram Nath vs. The State of
Uttar Pradesh & Others reported in 2024 INSC 138 for which he
Page 4 of 6
has filed CRLMC No. 4496 of 2023 with a prayer to quash the
impugned order of cognizance dated 26.10.2021 and in the said case
notice has been issued by this Court and further proceedings have
been stayed. He further submits that in view of the nature of
allegations against the petitioners the necessity of identification may
not be necessary for which their personal appearance should not
been insisted upon. He further submits that the petitioner no.1 is
suffering various chronic diseases, while petitioner no.2 is a woman
and insisting on their personal appearance will result in prejudice to
them. He also submits that even if their personal appearance is
dispensed with, the petitioners undertake to appear in the Court
below as when their appearance will be necessary and they are
directed to do so by the Court.
Section 401 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 397 in The Code of Criminal Procedure, 1973 [Entire Act]
Chintan Joshi vs Niranjan Behera .... Opposite Parties on 28 March, 2023
In support of her submission, that prayer for dispensing with
the personal appearance should not been allowed in case of serious
offences, she relies on the decision of the Supreme Court in the case
of Lily Begum vs. Joy Chandra Nagbanshi reported in (1994) 2
Supreme Court Cases 39 and the decision of this Court in the case
of Chintan Joshi vs. Niranjan Behera in CRLMC No. 2940 of 2022
decided on 11.04.2023.
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