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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.
Supreme Court of India Cites 11 - Cited by 350 - A M Ahmadi - Full Document

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.
Supreme Court of India Cites 0 - Cited by 58 - P B Sawant - Full Document

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."
Punjab-Haryana High Court Cites 22 - Cited by 30 - Full Document
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