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1 - 10 of 17 (0.22 seconds)Section 173 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 202 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 482 in The Code of Criminal Procedure, 1973 [Entire Act]
Bani Singh & Ors vs State Of U.P on 9 July, 1996
In so far as the submission with regard to the revision filed by
the petitioner having been dismissed in default is concerned, it has been held
by Hon'ble the Supreme Court in the case of Madan Lal Kapoor vs. Rajiv
Thapar and others (2007) 7 SCC 263 while following the dictum in Bani
Singh and others vs. State of UP, (1996) 4 SCC 720 and Parasuram Patel
vs. State of Orissa, (1994) 4 SCC 664, that dismissal of criminal revision
for default or non- prosecution without going into the merits of the case is
not permissible, as the law laid down that a criminal appeal cannot be
dismissed in default also applies to criminal revision.
Parasuram Patel And Another vs State Of Orissa on 14 January, 1994
In so far as the submission with regard to the revision filed by
the petitioner having been dismissed in default is concerned, it has been held
by Hon'ble the Supreme Court in the case of Madan Lal Kapoor vs. Rajiv
Thapar and others (2007) 7 SCC 263 while following the dictum in Bani
Singh and others vs. State of UP, (1996) 4 SCC 720 and Parasuram Patel
vs. State of Orissa, (1994) 4 SCC 664, that dismissal of criminal revision
for default or non- prosecution without going into the merits of the case is
not permissible, as the law laid down that a criminal appeal cannot be
dismissed in default also applies to criminal revision.
Section 120B in The Indian Penal Code, 1860 [Entire Act]
Section 406 in The Indian Penal Code, 1860 [Entire Act]
Savera Sidhu vs Harleen Sidhu And Another on 14 October, 2010
This Court in the case of Savera Sidhu (supra), observed that,
"The argument that violation of Section 210 Cr.P.C does not vitiate the
proceedings in the facts of the present case as both the complaint and State
case stand committed to the Court of Sessions, has no merit. In case, a
charge sheet is presented under Section 173 Cr.P.C and the Magistrate, on
the basis of the complaint without taking into consideration the report under
Section 173 Cr.P.C, on the same set of allegations, comes to the conclusion
that no offence is made out, the same is liable to cause prejudice to the
complainant, whereas, in case, a cancellation report is submitted in the FIR
and the Magistrate without taking into consideration the cancellation report
comes to the conclusion that a prima-facie case is made out, the same is
likely to prejudice the accused. Thus, ignoring the pendency of the
investigation in an FIR, shall prejudice one of the two parties in either of the
two situations. As such, the violation of Section 210 Cr.P.C will vitiate the
proceedings. Hence, the provisions of Section 210 Cr.P.C requiring the
Magistrate to stay the proceedings of an enquiry or a trial and call for a
report on the matter from the police officer conducting the investigation was
equally mandatory."