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1 - 10 of 11 (0.28 seconds)Section 107 in The Code of Criminal Procedure, 1973 [Entire Act]
Article 21 in Constitution of India [Constitution]
Kishor Vilasrao Gadve And Another vs The State Of Maharashtra And Others on 4 July, 2019
Syed Khawaja Moinuddin vs Government Of India And 3 Ors on 18 January, 1967
14. Ld. SEM, was under obligation to examine prosecution
witnesses with opportunity to opposite party to cross-examine
those witnesses to rebut allegations. However, in the absence of
examination of witnesses, Ld. SEM was precluded not to pass
CR No. 159/22 Sh. Anuj Kaushik Vs. The State & Anr. Page No. 10/11
any order of furnishing surety as laid down by condition (B) of
the abovesaid judgment. Similarly, as per condition (D), the
Magistrate was not supposed to sign the order in a mechanical
manner on a cyclostyled paper and ought to be well reasoned and
detailed one. As such, the impugned order passed by Ld. SEM is
against all judicial norms and is liable to be set aside.
Article 22 in Constitution of India [Constitution]
Section 15 in The Code of Criminal Procedure, 1973 [Entire Act]
Rajender Singh Pathania & Ors vs State Of Nct Of Delhi & Ors on 12 August, 2011
9. Power of arrest under Section 151 Cr.P.C originates only
on the knowledge of a design to commit cognizable offence if it
appears that the commission of offence cannot be prevented
unless power of arrest is exercised. The object of Section 107
Cr.P.C is just to stop/prevent any possibility or apprehension of
disturbance of public peace in the society and that danger to
CR No. 159/22 Sh. Anuj Kaushik Vs. The State & Anr. Page No. 7/11
public peace and tranquility must be imminent, only than this
section would come into play to stop it. The object of this section
has been elaborated by the Hon'ble Apex Court in a case titled
"Rajender Singh Pathania v. State (NCT of Delhi", (2011) 13
SCC 329 as under:
Section 399 in The Code of Criminal Procedure, 1973 [Entire Act]
Ahmed Noormohmed Bhatti vs State Of Gujarat And Ors on 16 March, 2005
(vide Ahmed Noormohmed
Bhatt v. State of Gujarat [(2005) 3 SCC 647 : 2005 SCC
(Cri) 794 : AIR 2005 SC 2115], SCC p. 650, para 5.)