NARESH KUMAR versus KALA WATI & ORS.

NARESH KUMAR versus KALA WATI & ORS.

The revision petition was dismissed ex parte due to absence of counsel for the appellant, and reasons for the absence having been explained, the Supreme Court set aside the High Court's order and remitted the matter for disposal afresh in accordance with law.

Parties
Appellant: Naresh Kumar; Respondents: Kala Wati & Ors.
Jurisdiction
India
Judgment Date
25 February 2009
Procedural Posture
Criminal Appeal / Appeal Against High Court Order Dismissing Criminal Revision
Outcome
Appeal disposed of; order of High Court set aside; matter remitted to High Court for fresh decision.
Legal Topics
Criminal Revision, Acquittal, Ex Parte Decision, Right to Be Heard
Criminal Law Criminal Revision Acquittal Ex Parte Decision Right to Be Heard

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 1 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Naresh Kumar

Appellant

Kala Wati & Ors.

Respondents

Procedural Posture

Criminal Appeal / Appeal Against High Court Order Dismissing Criminal Revision

Legal Issues

  1. 1 Whether the High Court erred in dismissing the criminal revision petition ex parte without proper representation for the revisionist

Ratio Decidendi

The revision petition was dismissed ex parte due to absence of counsel for the appellant, and reasons for the absence having been explained, the Supreme Court set aside the High Court's order and remitted the matter for disposal afresh in accordance with law.

Court Disposition

Appeal disposed of; order of High Court set aside; matter remitted to High Court for fresh decision.

Orders

  • Parties to appear before the High Court on 3rd March, 2009 without further notice.
  • Learned Chief Justice of the High Court requested to list matter before an appropriate Bench.