RAM NARESH PRASAD versus STATE OF JHARKHAND & ORS.

RAM NARESH PRASAD versus STATE OF JHARKHAND & ORS.

Matter is remitted to High Court to consider whether revision petition was maintainable at instance of respondent no.2 after delay, whether appellant needs to be heard, and whether informant has to be given notice; impugned order of High Court set aside to this extent.

Parties
Appellant: Ram Naresh Prasad; Respondent: State of Jharkhand & Ors.
Jurisdiction
India
Judgment Date
12 February 2009
Procedural Posture
Criminal Appeal / Appeal From Final Judgement and Order of High Court of Jharkhand at Ranchi in WP (crl) No. 284 of 2002
Outcome
Appeal partly allowed
Legal Topics
Code of Criminal Procedure Section 319, Revision Maintainability, Limitation, Cognizance Under IPC Sections 413 and 414, Police Investigation and Role of Magistrate
Criminal Law Code of Criminal Procedure Section 319 Revision Maintainability Limitation Cognizance Under IPC Sections 413 and 414 Police Investigation and Role of Magistrate

Case Brief

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Parties

Ram Naresh Prasad

Appellant

State of Jharkhand & Ors.

Respondent

Procedural Posture

Criminal Appeal / Appeal From Final Judgement and Order of High Court of Jharkhand at Ranchi in WP (crl) No. 284 of 2002

Legal Issues

  1. 1 Whether a stranger (not complainant/informant) can file a criminal revision against acceptance of final report
  2. 2 Whether a revision can be entertained after two years without condonation of delay
  3. 3 Whether appellant needs to be heard in the revision proceedings

Ratio Decidendi

Matter is remitted to High Court to consider whether revision petition was maintainable at instance of respondent no.2 after delay, whether appellant needs to be heard, and whether informant has to be given notice; impugned order of High Court set aside to this extent.

Court Disposition

Appeal partly allowed

Orders

  • Impugned order of High Court set aside
  • Matter remitted to High Court to consider maintainability of revision at instance of respondent no.2 after considerable delay, hearing rights of appellant, and notice to informant