RAMESHAN P.O. & ORS. versus RAKESH KUMAR YADAV & ANR.

RAMESHAN P.O. & ORS. versus RAKESH KUMAR YADAV & ANR.

The Supreme Court set aside the impugned order of the High Court since it was passed without issuing notice to the appellants, thereby prejudicing them. The matter was remitted to the High Court to hear all parties before disposing of the revision.

Parties
Appellant: Rameshan P.O. & Ors.; Respondent: Rakesh Kumar Yadav & Anr.
Jurisdiction
India
Judgment Date
17 April 2009
Procedural Posture
Criminal Appeal / Supreme Court Appeal From High Court Revision Disposition
Outcome
Impugned order set aside; matter remitted to High Court; appeal disposed of.
Legal Topics
Revision, Maintainability of Revision, Section 156(3) Cr PC, Administrative Order, Pre Cognizance, Notice Requirement
Criminal Procedure Revision Maintainability of Revision Section 156(3) Cr PC Administrative Order Pre Cognizance Notice Requirement

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Parties

Rameshan P.O. & Ors.

Appellant

Rakesh Kumar Yadav & Anr.

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Appeal From High Court Revision Disposition

Legal Issues

  1. 1 Whether the accused is entitled to notice before disposal of revision challenging order under Section 156(3) CrPC
  2. 2 Maintainability of revision by accused before registration of FIR
  3. 3 Nature of order under Section 156(3) CrPC

Ratio Decidendi

The Supreme Court set aside the impugned order of the High Court since it was passed without issuing notice to the appellants, thereby prejudicing them. The matter was remitted to the High Court to hear all parties before disposing of the revision.

Court Disposition

Impugned order set aside; matter remitted to High Court; appeal disposed of.

Orders

  • Parties directed to appear before the High Court without further notice on 22.4.2009.
  • Proceedings before trial court stayed until High Court disposal.