Kanti Bhadra Shah And Anr vs State Of West Bengal on 5 January, 2000
Equivalent citations: AIR 2000 SUPREME COURT ... Mohapatra
CASE NO.:
Appeal (crl.) 5 of 2000
PETITIONER:
KANTI BHADRA SHAH AND ANR.
RESPONDENT:
STATE OF WEST BENGAL
DATE OF JUDGMENT: 05/01/2000
Pollution Control Board Vs. M/s. Mohan Meakins Ltd. and others6, Kanti Bhadra Shah and another Vs. State of West Bengal7 , and Mathai Vs. State ... detailed orders at the stage of issuing process was made in Kanti Bhadra Shah and another Vs. The State of West Bengal7
detailed orders at the stage of issuing process was made in Kanti Bhadra Shah and another Vs. The State of West Bengal ... Magistrate for passing detailed order while issuing summons vide Kanti Bhadra Shah v. State of W.B27 . The following passage will be apposite
taken of cases and not of
persons."
15. In Kanti Bhadra Shah v. State of W.B. [Kanti
Bhadra Shah v. State ... accused, Magistrate is not required to record
reasons."
Kanti Bhadra Shah [Kanti Bhadra Shah v. State
examined by a Two Judge Bench of the
Supreme Court in Kanti Bhadra Shah Vs. State of W.B - (2000) 1 SCC 722,
wherein ... presuming that the accused has
committed the offence concerned". Kanti Bhadra Shah 's case was referred to
by another Two Judge Bench
Supreme Court in para 15 observed
as hereunder:-
"15. In Kanti Bhadra Shah v. State of W.B. [Kanti
Bhadra Shah v. State ... accused, Magistrate is not required to record reasons."
8
Kanti Bhadra Shah [Kanti Bhadra Shah v. State
taken of cases and not of
persons."
14. In Kanti Bhadra Shah and another v. State of W.B.7 ,
this Court has taken ... accused,
Magistrate is not required to record reasons". Kanti Bhadra
Shah (supra) and U.P. Pollution Control Board (supra)
were also referred
issuing process,
reasons may not be recorded. In Kanti Bhadra Shah vs. State of West
Bengal , (2000) 1 SCC 722, this Court having examined sections ... Magistrate for passing detailed order while issuing summons vide
Kanti Bhadra Shah v. State of W.B. , (2000) 1 SCC 722. The
following passage will
reiterated by the Apex
Court in the case of Kanti Bhadra Shah Vs. State of W.B. ((2000)1 SCC 722),
wherein it has been ... accused has committed the offence concerned."
The case of Kanti Bhadra Shah (Supra) was referred to by another two Judge
Bench of the Apex
contention, he
has relied upon the following judgments:
"( i) Kanti Bhadra Shah v. State of W.B. [2000(1)
SCC 722].
(ii) MEDCHL Chemicals ... upon by the learned counsel
appearing for the respondent/complainant in Kanti Bhadra Shah v. State
of W.B. [2000(1) SCC 722], in matters
