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Santosh Garg v. State of U.P.

Penal Code, 1860 – Ss. 498A, 323, 354 504, 506 – Dowry Prohibition Act, 1961 – Ss. 3 & 4 – In view of compromise entered into by opposite party, chances of conviction of applicants are remote and bleak. As such continuation of proceedings would itself cause injustice to parties. The trial would only entail loss of judicial time in a futile pursuit particularly when torrents of litigation drown the courts with an unimaginable flood of dockets. Read More »Santosh Garg v. State of U.P.

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Mool Chand Singh v. State of U.P.

Service Law – Departmental Proceedings – Uttar Pradesh Police Officer of Subordinate Ranks, (Punishment and Appeal) Rules, 1991 – Rule 14(1) – U.P. Police Regulations – Reg. 492 & 493 – Whenever a police officer has been judicially tried, the Superintendent must await the decision of the judicial proceeding, if any, before deciding whether further departmental action is necessary – It will not be permissible for the Superintendent of Police in the course of a departmental proceeding against a Police Officer who has been tried judicially to re-examine the truth of any facts in issue at his judicial trial and the finding of the Court on these facts must be taken as final – Even after enforcement of 1991 Rules, these two Regulations continue to hold the field.Read More »Mool Chand Singh v. State of U.P.

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State of U.P. v. Virpal

Code of Criminal Procedure, 1973 – Section 378 – Appeal in case of Acquittal – Leave to Appeal – While considering an application for leave to appeal, High Court should apply its mind, consider whether prima facie case has been made out or not, arguable points have been raised or not and whether upon deeper scrutiny of the statement of witnesses and other evidence, there is any likelihood of the order of acquittal being set aside.