facts which were completely distinguishable.
A roving and fishing inquiry could not have been or-
dered in absence of any findings for malafide ... record, the court would
not make "fishing" or roving inquiry...."
That a finding was necessary with regard to
deliberate malafides or malicious
also submitted that the reopening is
impermissible to make a fishing inquiry or just to re-assure
Page 4 of 21
HC-NIC Page
stating
the irregularities in counting of votes;
(iii) A roving and fishing inquiry
should not be directed by way of an
order to recount
accused would not be
relevant at that stage, as a roving/fishing inquiry and
mini-trial at the stage of framing of charge
reopening of an
assessment cannot be resorted to for roving or fishing
inquiry. The Assessing Officer must have some
tangible material at his command
such a charge with full responsibility
and to prevent any fishing and roving inquiry and save the returned
candidate from being taken by surprise ... 2016 00:56:35 :::
aep-5.16&aepl-11.16
a fishing and roving inquiry is avoided. The idea undoubtedly seems to
be that an elected
trial.
14. The Courts are not expected to conduct roving and fishing inquiry into credibility of material at this stage. The trial court is also
misplaced...... Further, at the stage of framing of charge roving and fishing inquiry is impermissible. If the contention of the accused is accepted, there would
power cannot be exercised only on the
basis of conducting a fishing inquiry.
This Court in case Hasin and another vs State of Haryana
facts stating
irregularities in counting of votes; (iii) A roving and fishing
inquiry shall not be made while directing recounting of votes
