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1 - 9 of 9 (0.24 seconds)Section 482 in The Code of Criminal Procedure, 1973 [Entire Act]
M.A.Rumugam vs Kittu @ Krishnamoorthy on 7 November, 2008
Another aspect of the case is that under Section 482 of the
Code of Criminal Procedure, the facts cannot be proved. It is a settled
principle of law that those who plead exceptions must prove it. The
burden of proof that this action was bonafide would, thus be on the
petitioners alone. At this stage, in my opinion, it would be pre-mature
to consider the material referred to in the petition by the petitioners. To
Criminal Misc. No. 24889 of 2012
[6]
arrive at a definite conclusion that there was no element of bad faith on
the part of the petitioners in making the said complaints before the
police authorities, evidence is required to be led. The Hon'ble Supreme
Court has taken a similar view in M.A. Rumugam V. Kittu @
Krishnamoorthy 2009(1) S.C.C. (Crl.) 245 in paras No. 19, 20 and
21 which are reproduced hereinbelow:-
The Indian Penal Code, 1860
The Code of Criminal Procedure, 1973
Section 500 in The Indian Penal Code, 1860 [Entire Act]
Section 406 in The Indian Penal Code, 1860 [Entire Act]
Gurmeet Kaur vs Lakhwinder Singh And Another on 3 August, 2009
By referring to the above exceptions, specifically,
Exception Eighth, learned counsel for the petitioners contended that the
complaint is not maintainable and the summoning order is not
sustainable. Consequently, the subsequent proceedings arising
therefrom are also not sustainable. Learned counsel for the petitioners
relied upon a judgment of this Court in Kamlesh Kaur V.
Lakhwinder Singh and another 2009(4) R.C.R.(Crl.)
Jit Singh vs Baljit Kaur on 29 March, 2011
663 and Jit
Singh V. Baljit Kaur 1999(3) R.C.R. (Crl.) 406.
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