SANTOSH versus STATE OF U.P.

SANTOSH versus STATE OF U.P.

The impugned High Court order dismissing the revision petition ex parte, and refusing recall, is set aside and the matter remitted to the High Court for fresh consideration on merits, due to reasons indicated for non-appearance.

Parties
Appellant: Santosh; Respondent: State of U.P.
Jurisdiction
India
Judgment Date
16 March 2009
Procedural Posture
Criminal Appeal / Supreme Court Appeal From High Court Revision Order
Outcome
Appeal allowed
Legal Topics
Recall of Ex Parte Order, Revision Dismissal, Remand for Fresh Hearing
Criminal Procedure Recall of Ex Parte Order Revision Dismissal Remand for Fresh Hearing

Case Brief

Summary, issues, holding and outcome

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Parties

Santosh

Appellant

State of U.P.

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Appeal From High Court Revision Order

Legal Issues

  1. 1 Whether dismissal of Criminal Revision petition ex parte and refusal to recall was justified
  2. 2 Whether matter should be remitted to High Court for fresh consideration

Ratio Decidendi

The impugned High Court order dismissing the revision petition ex parte, and refusing recall, is set aside and the matter remitted to the High Court for fresh consideration on merits, due to reasons indicated for non-appearance.

Court Disposition

Appeal allowed

Orders

  • Impugned order of High Court set aside
  • Matter remitted to High Court for fresh consideration on merits