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1 - 10 of 25 (0.27 seconds)Section 3 in The Negotiable Instruments Act, 1881 [Entire Act]
Section 482 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 202 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 204 in The Code of Criminal Procedure, 1973 [Entire Act]
The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989
Section 190 in The Code of Criminal Procedure, 1973 [Entire Act]
M/S. Pepsi Foods Ltd. & Anr vs Special Judicial Magistrate & Ors on 4 November, 1997
33.Coming to the procedure adopted by the learned Magistrate, this
Court is of the view that the records available have not been perused and
appreciated properly. The learned Magistrate has not followed the underlying
principles enshrined under Chapter XV of the Code. Neither the procedure
contemplated under Section 202 Cr.P.C. has been followed nor Section 203 and
204 have been complied with by forming a judicial opinion. Rather the
Magistrate has acted in a mechanical manner in issuing the summons which as
observed by the Hon'ble Supreme Court in Pepsi Foods Ltd. v. Special Judicial
Magistrate, (1998) 5 SCC 749 is a serious matter.
The Indian Penal Code, 1860
Masumsha Hasanasha Musalman vs State Of Maharashtra on 24 February, 2000
?9.In Masumsha Hasanasha Musalman v. State of Maharashtra, AIR 2000 SC
1876, this Court has dealt with the application of the provisions of the Act,
1989, and held that merely because the victim/complainant belongs to a
Scheduled Caste or Scheduled Tribe, the same cannot be the sole ground for
prosecution, for the reason that the offence mentioned under the said Act
1989 should be committed against him on the basis of the fact that such a
person belongs to a Scheduled Caste or Scheduled Tribe. In the absence of
such ingredient, no offence under Section 3(2)(v) of the Act is made out.