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1 - 10 of 17 (0.24 seconds)Section 185 in The Motor Vehicles Act, 1988 [Entire Act]
The Motor Vehicles Act, 1988
Section 184 in The Motor Vehicles Act, 1988 [Entire Act]
Rumi Dhar vs State Of West Bengal & Anr on 8 April, 2009
19. Even in Rumi Dhar v. State of W.B. [(2009)
6 SCC 364 : (2009) 2 SCC (Cri) 1074] , reliance
whereupon was placed by the counsel for the appellants,
the tests to be applied at the stage of discharge of the
accused person under Section 239 CrPC were found to be
no different. Far from readily encouraging discharge, the
Court held that even a strong suspicion in regard to the
commission of the offence would be sufficient to justify
framing of charges. The Court observed: (SCC p. 369,
para 17)
9
"17. ... While considering an application for
discharge filed in terms of Section 239 of the Code,
it was for the learned Judge to go into the details of
the allegations made against each of the accused
persons so as to form an opinion as to whether any
case at all has been made out or not as a strong
suspicion in regard thereto shall subserve the
requirements of law."
Union Of India vs Prafulla Kumar Samal & Anr on 6 November, 1978
20. To the same effect is the decision of this
Court in Union of India v. Prafulla Kumar Samal [(1979)
3 SCC 4 : 1979 SCC (Cri) 609] where this Court was
examining a similar question in the context of Section
227 of the Code of Criminal Procedure. The legal
position was summed up as under: (SCC p. 9, para 10)
"10. Thus, on a consideration of the
authorities mentioned above, the following
principles emerge: