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Bombay High Court Allows Criminal Writ Petition Challenging Magistrate's Refusal to Summon Witnesses in Private Complaint Case. Court holds that the complainant has a right to examine witnesses and the Magistrate cannot refuse to summon them on the ground that they are not cited in the complaint.

The petitioner, Chandrakant Shriram Sharma, is the complainant in S.C.C. No. 1292/2009 pending before the Judicial Magistrate, First Class, Pachora, D...

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High Court of Karnataka Quashes Summons Under Section 319 CrPC Against Witnesses in Murder Trial — No Prima Facie Case for Additional Accused. Summons Issued Without Proper Application of Mind as Evidence Did Not Satisfy Test of Strong Suspicion Under Section 319 CrPC.

The case involves two criminal revision petitions filed under Sections 397 read with 401 of the Code of Criminal Procedure, 1973 (CrPC). The petitione...

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Bombay High Court Allows Accused to Summon Defence Witness in Rape and Cruelty Case — Rejection of Summons Application Set Aside as Premature. The court held that the accused has a right to lead defence evidence under Section 233 CrPC and the trial court must consider such applications on merits.

The petitioners, who are accused in Sessions Case No.182 of 2013 pending before the learned Additional Sessions Judge, Sangli, challenged an order dat...

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High Court of Karnataka Allows Writ Petition in Civil Procedure Case — Orders for Additional Witness Examination. Trial Court's Rejection of Summons Application Under Order XVI CPC Set Aside for Failure to Consider Relevance of Witnesses.

The petitioner, Smt. Maqbool, represented by her GPA holder Nazeer Ahmed, filed a writ petition under Article 227 of the Constitution of India challen...

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High Court of Bombay at Goa Allows Petitioners to Summon Bank Manager and Registrar of Firms as Witnesses in Civil Suit — Trial Court's Rejection Set Aside for Failure to Apply Correct Legal Test Under Order 16 Rule 1 CPC

The petitioners, who are plaintiffs in a civil suit, filed applications under Order 16 Rule 1 of the Code of Civil Procedure, 1908 (CPC) to summon the...

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High Court of Judicature at Bombay Dismisses Eye-Witness's Writ Petition Against Acquittal for Lack of Locus Standi. Mere citation as a witness does not confer standing to challenge acquittal; appeal lies only with the State or victim under Sections 372 and 378 of the Code of Criminal Procedure, 1973.

The petitioner, Siraj Daulatkhan Pathan, was cited as an eye witness in a murder case (Avinash Bharate, murdered on 31 March 2009) but was not examine...