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1 - 10 of 19 (0.32 seconds)Section 482 in The Indian Penal Code, 1860 [Entire Act]
Kanti Bhadra Shah And Anr vs State Of West Bengal on 5 January, 2000
b� 9. In determining the question whether any process is to be issued or
not, what the Magistrate has to be satisfied is whether there is
sufficient ground for proceeding and not whether there is sufficient
ground for conviction. Whether the evidence is adequate for supporting
the conviction, can be determined only at the trial and not at the
stage of inquiry. At the stage of issuing the process to the accused,
the Magistrate is not required to record reasons. This question was
considered recently in U.P. Pollution Control Board v. Mohan Meakins
Ltd.(2000) 3 SCC 745 and after noticing the law laid down in Kanti
Bhadra Shah v. State of W.B. (2000) 1 SCC 722, it was held as
follows: (SCC p. 749, para 6)
b� The legislature has stressed the need to record reasons in certain
situations such as dismissal of a complaint without issuing process.
There is no such legal requirement imposed on a Magistrate for passing
detailed order while issuing summons.
Section 420 in The Indian Penal Code, 1860 [Entire Act]
U.P.Pollution Control Board vs Bhupendra Kumar Modi & Anr on 12 December, 2008
15) In U.P. Pollution Control Board vs. Dr. Bhupendra Kumar Modi & Anr.,
(2009) 2 SCC 147, this Court, in paragraph 23, held as under:
M/S. Pepsi Foods Ltd. & Anr vs Special Judicial Magistrate & Ors on 4 November, 1997
18) The conclusion of the High Court that the petition filed under
Section 482 of the Code is not maintainable cannot be accepted in view of
various decisions of this Court. (vide Pepsi Foods Ltd. & Anr. vs. Special
Judicial Magistrate & Ors. (1998) 5 SCC 749, Dhariwal Tobacco Products Ltd.