RETTI DEENABANDHU & ORS. versus STATE OF ANDHRA PRADESH

RETTI DEENABANDHU & ORS. versus STATE OF ANDHRA PRADESH

The High Court erred in refusing to consider the validity of the conviction on the ground that appellants were entitled to set-off under s.428 CrPC; the right to challenge a conviction persists to remove consequences and stigma even after sentence is served.

Parties
Appellants: Retti Deenabandhu & Ors.; Respondent: State of Andhra Pradesh
Jurisdiction
India
Judgment Date
11 January 1977
Procedural Posture
Criminal Appeal / Appeal by Special Leave From High Court Judgment
Outcome
Appeal allowed; case remanded
Legal Topics
Set Off Under S.428 Cr PC, Validity of Conviction After Sentence Undergone, Right to Appeal
Criminal Law Set Off Under S.428 Cr PC Validity of Conviction After Sentence Undergone Right to Appeal

Case Brief

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Parties

Retti Deenabandhu & Ors.

Appellants

State of Andhra Pradesh

Respondent

Procedural Posture

Criminal Appeal / Appeal by Special Leave From High Court Judgment

Legal Issues

  1. 1 Whether the High Court was correct in refusing to consider the validity of the conviction since appellants had served their sentences or were entitled to set-off under s.428 CrPC.

Ratio Decidendi

The High Court erred in refusing to consider the validity of the conviction on the ground that appellants were entitled to set-off under s.428 CrPC; the right to challenge a conviction persists to remove consequences and stigma even after sentence is served.

Court Disposition

Appeal allowed; case remanded

Orders

  • The case is remanded to the High Court for disposal of the appeal on merits.