HANUMANT DASS versus VINAY KUMAR & ORS.

HANUMANT DASS versus VINAY KUMAR & ORS.

The requirements of the Code of Criminal Procedure were satisfied by making the State of Punjab a party to the appeal and giving notice to its Advocate-General. The summoning of the record was not mandatory under the circumstances, and no failure of justice was shown. The State where the accused were convicted is the appropriate government, not the state where the offence was committed. The High Court was justified in disposing of the appeal and acquitting the accused.

Parties
Appellant: Hanumant Dass; Respondent: Vinay Kumar; Respondent: Chhano Devi; Petitioner: State of Himachal Pradesh
Jurisdiction
India
Judgment Date
05 April 1982
Procedural Posture
Criminal Appeal and Special Leave Petition / Appeal Against Acquittal and Order of High Court
Outcome
Appeal and Special Leave Petition dismissed
Legal Topics
Appeal Against Acquittal, Necessary Party to Appeal, Transfer of Criminal Case, Summoning of Record in Appeal, Role of Public Prosecutor, Remission and Suspension of Sentences
Criminal Law Appeal Against Acquittal Necessary Party to Appeal Transfer of Criminal Case Summoning of Record in Appeal Role of Public Prosecutor Remission and Suspension of Sentences

Case Brief

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Parties

Hanumant Dass

Appellant

Vinay Kumar

Respondent

Chhano Devi

Respondent

State of Himachal Pradesh

Petitioner

Procedural Posture

Criminal Appeal and Special Leave Petition / Appeal Against Acquittal and Order of High Court

Legal Issues

  1. 1 Whether the State of Himachal Pradesh was a necessary party to the appeal before the High Court after the case was transferred to Punjab
  2. 2 Whether disposal of the appeal by the High Court without notice to the Government of Himachal Pradesh or summoning the record violates mandatory provisions of law
  3. 3 Whether the judgment of the High Court can be set aside for procedural irregularities

Ratio Decidendi

The requirements of the Code of Criminal Procedure were satisfied by making the State of Punjab a party to the appeal and giving notice to its Advocate-General. The summoning of the record was not mandatory under the circumstances, and no failure of justice was shown. The State where the accused were convicted is the appropriate government, not the state where the offence was committed. The High Court was justified in disposing of the appeal and acquitting the accused.

Court Disposition

Appeal and Special Leave Petition dismissed

Orders

  • Criminal Appeal No. 45 of 1982 and SLP (Cr.) No. 2948 of 1982 are dismissed