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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.
Supreme Court of India Cites 19 - Cited by 900 - Full Document

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.
Supreme Court - Daily Orders Cites 6 - Cited by 59 - Full Document
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