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TRIPURA HIGH COURT
A.B. Sharma, J
Raj Kumar Chauhan v. State
| Table of Content |
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| 1. reference made questioning legality of summons and conviction. (Para 1 , 3) |
| 2. court's resolution of illegal conviction and subsequent acquittal. (Para 2 , 14 , 17) |
| 3. mandatory compliance needed for summons under section 130. (Para 5 , 7) |
| 4. defendants' rights regarding legal representation and summons process. (Para 6 , 8) |
| 5. impact of procedural irregularities on fair trial with mention of mobile courts. (Para 10 , 11 , 13) |
1. This is a reference made by the learned Sessions Judge of Tripura recommending that the summons issued on the petitioner on the basis of the order dated 12-2-65, is not in accordance with law and the order passed on 7-3-65 is illegal and without jurisdiction and as such the order of conviction and sentence passed on the petitioner under S. 112 of the Motor Vehicles Act should be set aside.
2. The facts which gave rise to this reference briefly stated are these : On 31-1-65 the O. C., Fatekrey P. S. made a report for prosecution of the accused petitioner Rajkumar Chauhan under S. 112 of the Motor Vehicles Act alleging that the petitioner was found driving the truck TRL - 635 from north to south along Assam - Agartala road at Beheherra with 3 p
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