Supreme Court · 1963 INSC 149 · Decided 10 May 1963

Hazara Singh Gill v. The State of Punjab

Court
Supreme Court of India
Citation
1963 INSC 149 · [1964] 4 S.C.R. 1
Case number
TRANSFER PETITION (CRIMINAL) No. 9/1963
Decided
10 May 1963
Bench
A.K. SARKAR, M. HIDAYATULLAH, J.C. SHAH (3-judge bench)
Outcome
Appeal(s) allowed
Case type
Criminal
Acts & sections cited
IPC Section 411, 414; CrPC Section 527, 107, 151; Arms Act

Headnote

COURT REPORTS HAZARA SINGH GILL v. IBE STATE OF PUNJAB (A. K. SARKAR, M. HmAYATULLAH AND J. C. SHAH, JJ.) Critl}inal Trial-Transfer petition-serious allegations-No affidavit in reply~Duty of the Court--Code of Criminal Procedu1·c, 1898 (Act 5 of 1898), s. 527. \\There in a petition for the petitioner. In proceedings of this kind, the court does not examine witnesses in support of allegations of fact made by either side. Ordinarily, the court acts upon the affidavit of one side or other, but if one side omits to make an affidavit in reply, the affidavit of the other side

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