SMT. SUBHA RAJ AND ANR. versus SANKAR SARKAR AND ANR.

SMT. SUBHA RAJ AND ANR. versus SANKAR SARKAR AND ANR.

The High Court ought to have heard the appellants before deciding the matter, given appellants were heard before the first revisional court and their names deleted from cause title at complainant's request; impugned order set aside and case remitted for fresh disposal.

Parties
Appellant: Smt. Subha Raj; Respondent: Sankar Sarkar
Jurisdiction
India
Judgment Date
24 July 2007
Procedural Posture
Criminal Appeal / Appeal From Judgment and Order of the Calcutta High Court in CRR No. 2203 of 2005
Outcome
Appeal disposed of, impugned order set aside
Legal Topics
Revision, Issuance of Process, Opportunity of Hearing, Code of Criminal Procedure
Criminal Law Revision Issuance of Process Opportunity of Hearing Code of Criminal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Smt. Subha Raj

Appellant

Sankar Sarkar

Respondent

Procedural Posture

Criminal Appeal / Appeal From Judgment and Order of the Calcutta High Court in CRR No. 2203 of 2005

Legal Issues

  1. 1 Whether the High Court erred in treating second revision as maintainable and not hearing the accused before issuing process
  2. 2 Whether the accused ought to have been heard before High Court allowed the petition

Ratio Decidendi

The High Court ought to have heard the appellants before deciding the matter, given appellants were heard before the first revisional court and their names deleted from cause title at complainant's request; impugned order set aside and case remitted for fresh disposal.

Court Disposition

Appeal disposed of, impugned order set aside

Orders

  • Matter remitted to High Court for fresh disposal in accordance with law