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Sh. Satish Mehra vs Delhi Administration & Anr on 31 July, 1996

In Satish Mehra v. Delhi Administration, 1996 JCC 507, Supreme Court held that Sessions Judge would be within his power to consider even the materials which the accused may produce at the stage contemplated under Section 227 of the Cr.P.C. This principle by analogy would be applicable to the warrant or summons trial cases at the time of framing of notice. Even otherwise, the principle of audi alteram pertem, mandates that no one shall be condemned unheard.
Supreme Court of India Cites 13 - Cited by 2043 - Full Document

Naba Kishore Pati (Dead) And After Him ... vs Union Of India (Uoi) And Ors. on 16 September, 1985

It forms part of the rules of natural justice, as was held by the Apex Court in the case of Menaka Gandhi v. Union of India, . The procedure has to be fair, just and proper. This right of hearing cannot be denied to an accused, it is inherent in any judicial process. Order of framing of notice does substantially affect the rights of an accused.
Orissa High Court Cites 1 - Cited by 43 - R C Patnaik - Full Document

K.M. Mathew vs State Of Kerala And Anr on 19 November, 1991

6. In this case, as noticed, the facts are not in dispute. After service of summons, accused appeared before the trial court and record of Income-tax was summoned. Admission/denial of documents has already been carried out. As held by the Supreme Court in K.M. Methew case (supra), power to drop the proceedings against the accused is vested in the Court, even after he is summoned. It therefore, follow that the accused would be entitled to a hearing at the notice stage even in a summon trial case. The accused cannot be forced to go through the mill of trial, if he demonstrates on the basis of admitted facts that no case against him is made out. In such a situation the court would be well within its jurisdiction to revoke the cognizance.
Supreme Court of India Cites 13 - Cited by 328 - K J Shetty - Full Document
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