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1 - 10 of 18 (0.22 seconds)Section 482 in The Code of Criminal Procedure, 1973 [Entire Act]
The Code of Criminal Procedure, 1973
Section 313 in The Code of Criminal Procedure, 1973 [Entire Act]
Article 136 in Constitution of India [Constitution]
Sister Mina Lalitha Baruwa vs State Of Orissa & Ors on 5 December, 2013
18. Thus, from the law laid down by the Apex Court in catena of
decisions referred supra, it is clear that the Court not only exercises such
discretionary power on the application filed by either the defence or
accused, the Court can also recall any person by exercising such
discretionary power on its own motion.
Sethuraman vs Rajamanickam on 18 March, 2009
26. Moreover, the order under challenge is interlocutory in nature, no
revision is maintainable against such an order, in view of the law laid down
by the Apex Court in Sethuraman Vs. Rajamanickam8, to get over the
difficulty contained in Section 397(2) Cr.P.C, the petitioner invoked
8
2009 (Cri.L.J) 2247
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Crl.P.No.5384/2018
inherent jurisdiction of this Court under Section 482 Cr.P.C, circumventing
the law, wherein the Apex Court in paragraph 4 held as follows:
Girish Kumar Suneja vs Cbi on 13 July, 2017
27. The Girish Kumar Suneja Vs. C.B.I9, full Bench of the Apex Court
had an occasion to decide the similar subject and held as follows in
paragraphs 24, 25, 27, 28 & 29:
U.T. Of Dadra & Haveli & Anr vs Fatehsinh Mohansinh Chauhan on 14 August, 2006
7. During course of hearing, Sri K.Surender, learned counsel for the
petitioner, reiterated the same contentions urged in the Petition and
placed reliance on a decision of the Apex Court in U.T. of Dadra and
Haveli and another Vs. Fatehsinh Mohansinh Chauhan1. On the
strength of the principle laid down therein at Para 12, he submits that
recall of witnesses always does not amount to filling up lacuna, unless the
1
2006 (2) ALD (Crl.) 574 (SC)
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Crl.P.No.5384/2018
evidence to be adduced causes any prejudice to the respondent and
therefore dismissal of the petition on the ground of filling up lacuna is
unsustainable and requested to quash the order under challenge, reopen
the evidence and summon the proposed witnesses for their examination.