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Magistrate cannot exercise any inherent power to restore the case
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Showing posts with label
Magistrate cannot exercise any inherent power to restore the case
.
Show all posts
Tuesday, August 2, 2016
when a complaint case is dismissed by the Magistrate for non-appearance of the complainant or his counsel and the accused is acquitted, then the Magistrate cannot exercise any inherent power to restore the case in the absence of any specific provisions in the Criminal Procedure Code. However, a second complaint case is permissible in law if it could be brought within the limitation.
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PETITIONER: MAJ. GENL. A.S. GAURAYA & ANR. Vs. RESPONDENT: S.N. THAKUR AND ANR. DATE OF JUDGMENT25/04/1986 BENCH: KHALID, V...
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