S. GUIN & OTHERS versus GRINDLAYS BANK LTD.
The judgment of the High Court ordering a fresh trial was set aside due to inordinate delay, prejudice to the appellants, and the nature of the alleged acts; dropping proceedings under section 482 CrPC was appropriate.
- Parties
- Appellants: S. Guin & Others; Respondent: Grindlays Bank Ltd.
- Jurisdiction
- India
- Judgment Date
- 11 December 1985
- Procedural Posture
- Criminal Appeal / Appeal to Supreme Court by Special Leave Against High Court Retrial Order
- Outcome
- Appeal allowed; High Court judgment set aside; order of acquittal by Metropolitan Magistrate restored
- Legal Topics
- Acquittal, Retrial, Delay in Criminal Proceedings, Inherent Powers Under Section 482
Case Brief
Summary, issues, holding and outcome
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Parties
S. Guin & Others
Appellants
Grindlays Bank Ltd.
Respondent
Procedural Posture
Criminal Appeal / Appeal to Supreme Court by Special Leave Against High Court Retrial Order
Legal Issues
- 1 Whether the High Court was justified in ordering retrial after a long delay
- 2 Whether exercise of inherent powers under s.482 CrPC was appropriate
- 3 Prejudice caused by delay in retrial
Ratio Decidendi
The judgment of the High Court ordering a fresh trial was set aside due to inordinate delay, prejudice to the appellants, and the nature of the alleged acts; dropping proceedings under section 482 CrPC was appropriate.
Court Disposition
Appeal allowed; High Court judgment set aside; order of acquittal by Metropolitan Magistrate restored
Orders
- Judgment of Calcutta High Court dated 19.12.1984 in Criminal Appeal No. 315 of 1978 set aside
- Order of acquittal passed by the Metropolitan Magistrate, 12th Court, Calcutta restored
Full Case Text
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