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2010 (7) TMI 279 - HC - Companies LawWhether the accused, under article 21 of the Constitution of India, has a right of silence in a criminal trial and therefore he cannot be forced to disclose his defence? Held that:- Since summoning order in all these cases have been issued, it is now the obligation of these petitioners to take notice under section 251 of the Code of Criminal Procedure, if not already taken, and enter their plea of defence before the concerned Metropolitan Magistrate's court and make an application, if they want to recall any witness. If they intend to prove their defence without recalling any complainant witness or any other witness, they should do so before the court of Metropolitan Magistrate. These petitions are, therefore, hereby dismissed. The petitioners shall appear before the court of concerned Metropolitan Magistrate and trial shall proceed.
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