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1 - 10 of 14 (0.74 seconds)Hardeep Singh vs State Of Punjab & Ors on 10 January, 2014
b) Hardeep Singh Vs State of Punjab, 2014 AIR SCC 1400,
Girish Saxena vs Praveen Kumar Jain And Ors. on 17 April, 2007
c) Girish Saxena Vs Praveen Kumar Ors, 141 (2007) DLT 8,
Harinder Dhingra vs State And Anr. on 20 December, 2006
d) Harinder Dhingra Vs State & Anr, 137 (2007) DLT 231,
Kamana Gupta vs N.C.T. Of Delhi on 29 March, 2001
e) Kamana Gupta Vs NCT of Delhi Anr, 2001 (2) JCC (Delhi) 61,
N.K. Wahi vs Shekhar Singh And Ors on 9 March, 2007
h) N K Wahi Vs Shekhar Singh & Ors, 2007 (1) JCC NI 112,
Adalat Prasad vs Rooplal Jindal & Ors on 25 August, 2004
(1) The Ld counsel for the accused has relied upon the
judgment of Hon'ble High Court of Delhi in Tanmay
Mukhopadhyay Vs State & Ors, 2015 (3) JCC (NI) 194, wherein it
has been held that at the time of framing of notice, if trial court finds
that no case is made out against the petitioner, then the decision of
Apex Court in Adalat Prasad vs. Roop Jindal & Ors. 2004 (3) JCCC
1347, will not stand in the way of the trial court to drop the
proceedings against the petitioner. It is so said because dropping of
proceedings at notice stage cannot possible be equated with
recalling of summoning order.
Amit Sibal vs Arvind Kejriwal . on 17 November, 2016
9. Reliance is placed upon judgment of Hon'ble Apex Court in
Amit Sibal vs. Arvind Kejriwal & Ors., (2018) 12 SCC 165, wherein
Hon'ble Supreme Court set aside order of Hon'ble Delhi High Court wherein
Hon'ble Delhi High Court had held that the Magistrate shall be empowered to
discharge/drop the proceedings at the stage of framing notice under Section
251 of the Code, if no case is made out. Hon'ble Supreme Court accepted the
contention of learned counsel for petitioner that in a complaint case where
summoning order has been issued and the order permitting the respondents to
raise such contentions at the stage of framing of notice and directing the
magistrate to consider the same and pass appropriate order, is contrary to law.