NETRAJ SINGH versus STATE OF M.P.

NETRAJ SINGH versus STATE OF M.P.

Since the appellant's newly engaged counsel's name was not indicated in the cause list and the hearing occurred in absence of representation, there was obvious prejudice to the appellant; the High Court judgment reversing acquittal cannot be sustained.

Parties
Appellant: Netraj Singh; Respondent: State of M.P.
Jurisdiction
India
Judgment Date
22 March 2007
Procedural Posture
Criminal Appeal / Appeal Against Reversal of Acquittal
Outcome
Appeal allowed
Legal Topics
Change of Counsel, Acquittal, Appeal by State, Absence of Counsel at Hearing
Criminal Law Practice and Procedure Change of Counsel Acquittal Appeal by State Absence of Counsel at Hearing

Case Brief

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Parties

Netraj Singh

Appellant

State of M.P.

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Reversal of Acquittal

Legal Issues

  1. 1 Whether the High Court's reversal of acquittal in absence of counsel for the accused is sustainable

Ratio Decidendi

Since the appellant's newly engaged counsel's name was not indicated in the cause list and the hearing occurred in absence of representation, there was obvious prejudice to the appellant; the High Court judgment reversing acquittal cannot be sustained.

Court Disposition

Appeal allowed

Orders

  • Order of the High Court set aside.
  • Matter remitted to the High Court for fresh consideration.