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1 - 10 of 11 (0.25 seconds)The Indian Penal Code, 1860
The Prevention of Corruption Act, 1988
Anil Kumar & Ors vs M.K Aiyappa & Anr on 1 October, 2013
Further in the case of
"Anil Kumar v. M.K. Aiyappa, reported in (2013) 10 SCC 705" at para-11 the
Hon'ble Supreme Court while dealing with the scope of Section 156(3) Cr.P.C. has
held that the application of mind by the Magistrate should be reflected in the order.
The mere statement that he has gone through the complaint, documents and heard
the complainant, as such, as reflected in the order, will not be sufficient. The order is
liable to be set aside if no reason is given therein while coming to the conclusion
that there is prima facie case against the accused, though detailed reasons need not
to be given. The proper satisfaction should be recorded by the Judge."
M.E. Shivalingamurthy vs Central Bureau Of Investigation, ... on 7 January, 2020
11. Now coming to the facts of the case it is needless to mention that no
principle of law has been settled by the co-ordinate Bench of this Court in
the case of Anoop Kumar Sengupta. After carefully going through the
record, this Court has no hesitation in holding that the plea of the petitioner
that the allegation against him is false and relying upon various documents,
which, of course, are not undisputed documents, are certainly the defence
which the petitioner can take at the appropriate stage during the trial if he is
7
Cr. M.P. No.302 of 2016
so advised. It is a settled principle of law that at the stage of consideration of
charge an accused cannot rely on the materials by way of defence as has
been held by the Hon'ble Supreme Court of India, in the case of M.E.
Shivalingamurthy vs. Central Bureau of Investigation, Bengaluru (2020) 2
SCC 768 wherein, the Hon'ble Supreme Court has held as under in paragraph
no.29:-
Amresh Kumar Dhiraj And Ors vs The State Of Jharkhand And Anr on 8 October, 2014
In support of his contention, learned counsel for the petitioner relies
upon the judgment of a coordinate bench of this court in the case of Amresh
Kumar Dhiraj & Others Vs. State of Jharkhand & Another reported in
2019 SCC OnLine Jhar 2775 paragraphs- 10, 14 and 22 of which read as
under:-
Section 13 in The Indian Penal Code, 1860 [Entire Act]
The Code of Criminal Procedure, 1973
Article 226 in Constitution of India [Constitution]
S.K. Sinha, Chief Enforcement Officer vs Videocon International Ltd. & Ors on 25 January, 2008
In the case of "S.K. Sinha, Chief Enforcement Officer v. Videocon
International Ltd., reported in (2008) 2 SCC 492", the Hon'ble Supreme Court in
Para-19 has held as follows:--