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Chief Judicial Magistrate

This tag is associated with 2 posts

Retrial – the trial court acquitted the case after full trial on benefit of doubt without considering the medical evidence, and due to non speaking of evidence clearly , due to hostile witnesses and due to improvements- Appellant court set aside the acquittal and remanded the case for fresh trail on petition – High court in revision set aside the retrial order and also set aside the main order of appeal which found prima faice case, with out considering and assessing the medical evidence – Apex court on petition for retrial held that no retrial can be order and confirmed the view of high court – Apex court on SLP against revision held that High court committed wrong in allowing the revision with out considering material as to why the lower appellant court set aside the acquittal order – Apex court remanded the case to high court for fresh disposal on this point = MARY PAPPA JEBAMANI ..Appellant Versus GANESAN & ORS. ..Respondents = published in http://judis.nic.in/supremecourt/imgst.aspx?filename=41055

Retrial –  the trial court acquitted the case after full trial on benefit of doubt   without     considering the medical evidence, and due to non speaking of evidence clearly , due to hostile witnesses and due to improvements- Appellant court set aside the acquittal and remanded the case for fresh trail on petition … Continue reading

When the Magistrate can add additional sections himself on the a petition of Complainant /informant after filing a charge sheet by police ? = If F.I.R. was registered on a private complaint – a Magistrate can add additional sections after filing charge sheet by police : If F.I.R. was registered directly by police through information, a Magistrate can not add additional sections after filing charge sheet , only trial court under sec.211 at the time of trial add the same : STATE OF GUJARAT ..Appellant Versus GIRISH RADHAKRISHNAN VARDE ..Respondent = http://courtnic.nic.in/supremecourt/qrydisp.asp

  When the Magistrate can add additional sections himself on the a petition of Complainant /informant after filing a charge sheet by police ? =   If  F.I.R. was registered on a private complaint – a Magistrate can add additional sections after filing charge sheet by police : If F.I.R. was registered directly by police through information, … Continue reading

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