MADHUBAN versus STATE OF U.P.

MADHUBAN versus STATE OF U.P.

Ends of justice require setting aside the High Court's order which was passed without hearing the counsel for appellant; matter remitted to High Court for fresh disposal after opportunity of hearing to counsel for appellant.

Parties
Appellant: Madhuban; Respondent: State of U.P.
Jurisdiction
India
Judgment Date
05 May 2008
Procedural Posture
Criminal Appeal / Supreme Court Appeal Against Conviction and Sentence Affirmed by High Court
Outcome
Appeal allowed
Legal Topics
Appeal Disposal, Murder, Practice & Procedure, Right to Counsel, Hearing of Counsel
Criminal Law Appeal Disposal Murder Practice & Procedure Right to Counsel Hearing of Counsel

Case Brief

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Parties

Madhuban

Appellant

State of U.P.

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Appeal Against Conviction and Sentence Affirmed by High Court

Legal Issues

  1. 1 Whether the High Court erred in deciding the criminal appeal without hearing counsel for the appellant

Ratio Decidendi

Ends of justice require setting aside the High Court's order which was passed without hearing the counsel for appellant; matter remitted to High Court for fresh disposal after opportunity of hearing to counsel for appellant.

Court Disposition

Appeal allowed

Orders

  • Order of High Court set aside
  • Matter remitted to High Court for fresh disposal in accordance with law