STATE OF KARNATAKA versus NARSA REDDY

STATE OF KARNATAKA versus NARSA REDDY

Direction by High Court to proceed with the trial only against some accused while proceedings against others were stayed is improper; such splitting up tends to cause miscarriage of justice and prejudice to prosecution, and s. 482 Cr.P.C. cannot be exercised for this purpose.

Parties
Appellant: State of Karnataka; Respondent: Narsa Reddy
Jurisdiction
India
Judgment Date
14 August 1987
Procedural Posture
Criminal Appeal / Appeal by Special Leave From Order of High Court
Outcome
Appeal allowed; order of High Court set aside; High Court directed to expeditiously hear and dispose of Criminal Revision No. 886 of 1985; Stay of Sessions Case No. 23 of 1984 to continue till then.
Legal Topics
Inherent Powers of High Court Under S. 482 Cr.p.c., Split Trial, Prosecution Sanction Under S. 197 Cr.p.c., Bail During Protracted Trial
Criminal Law Criminal Procedure Inherent Powers of High Court Under S. 482 Cr.p.c. Split Trial Prosecution Sanction Under S. 197 Cr.p.c. Bail During Protracted Trial

Case Brief

Summary, issues, holding and outcome

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Parties

State of Karnataka

Appellant

Narsa Reddy

Respondent

Procedural Posture

Criminal Appeal / Appeal by Special Leave From Order of High Court

Legal Issues

  1. 1 Whether the High Court was justified in directing split trial as against respondent and another accused while proceedings against two co-accused police officials were stayed pending revision.
  2. 2 Whether s. 482 Cr.P.C. could be invoked to proceed only against some accused when case arises out of the same occurrence.

Ratio Decidendi

Direction by High Court to proceed with the trial only against some accused while proceedings against others were stayed is improper; such splitting up tends to cause miscarriage of justice and prejudice to prosecution, and s. 482 Cr.P.C. cannot be exercised for this purpose.

Court Disposition

Appeal allowed; order of High Court set aside; High Court directed to expeditiously hear and dispose of Criminal Revision No. 886 of 1985; Stay of Sessions Case No. 23 of 1984 to continue till then.

Orders

  • Order passed by the High Court is set aside.
  • High Court directed to hear and dispose of Criminal Revision No. 886 of 1985 as early as possible.