Supreme Court · 1994 INSC 43 · Decided 3 February 1994
Santosh De and Another v. Archna Guha and ORS.
- Court
- Supreme Court of India
- Citation
- 1994 INSC 43 · [1994] 1 S.C.R. 549
- Case number
- CIVIL APPEAL No. 3811/1900
- Decided
- 3 February 1994
- Bench
- B.P. JEEVAN REDDY, B.L. HANSARIA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- IPC Section 34; CrPC Section 245(3), 244, 465; Constitution Article 21, 136, 226
Headnote
B Criminal Procedure Code, 1973: Sections 245(3) (as inserted by West Bengal Amendment Act, 1988)-Discharge of accused in wa"ant case-Not automatic on the failure of prosecution to adduce all evidence within the prescribed period of four years-Magistrate on being satisfied on the basis of C of complainant already recorded even in the absence of cross-examination can be treated as evidence-Nature of of­ fence relevant factor to be taken into account by Magistrate. Constitution of India, 1950: Articles 21, 136 and 226-Speedy trial-In- D ordinate delay in proceeding
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