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Ashish Singla 098140 76600 (Cheque Victim's Lawyer. LUDHIANA (PB))     27 August 2014

What hc considers to 482 crpc..

Hi Friends...

If HC will deal with Section 482 CrPC like this, than how practice will work...

Client dobara nahi aayega, jute marega wo alag...

Punjab-Haryana High Court
In The High Court Of Punjab And ... vs M/S Creative Clothing on 14 May, 2013
.....the impugned summoning orders are hereby quashed. The cases are remitted back to the trial Magistrate to decide the matter afresh and to pass the appropriate orders in view of aforesaid observations and in accordance with law.


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 1 Replies

R Trivedi (advocate.dma@gmail.com)     28 August 2014

What is the observation of HC ??

 

 

If summoning order is quashed, then how the trial magistrate can consider it afresh?? Kind of supplementary exam paper?

 

 

Hon HC has the power to amend the order and then order to magistrate to conduct the trial.   In one case the order of acquittal was amended by the Hon HC into conviction, and the file was sent to the lower court with an instruction to decide the punishment !! 

 

 

There is some kind of peculiar behavior in all the walks of life, just do not solve the issue, pass it on. There is a tremendous amount of reluctance to listen to arguments, or read lengthy petitions, and GOD forbid if files becomes bulky, then adjournment is our best friend in anticipation that after couple of years the case will get transferred. Adjournments coupled with low level of training of magistrates (not keeping in touch with latest orders of SC/HC) are the biggest menace our judiciary is facing.

 


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