HARVEER SINGH & ANR. versus STATE OF U.P.

HARVEER SINGH & ANR. versus STATE OF U.P.

The High Court's ex parte dismissal of the criminal revision without assigning reasons or applying judicial mind was impermissible; the impugned order is set aside and the matter remanded to the High Court to decide the revision afresh on merits.

Parties
Appellants: Harveer Singh & Anr.; Respondent: State of U.P.
Jurisdiction
India
Judgment Date
15 March 2019
Procedural Posture
Criminal Appeal / Appeal to Supreme Court Against High Court Order Dated 09.12.2016
Outcome
Appeal allowed; impugned High Court order set aside; case remanded to High Court for fresh decision on merits.
Legal Topics
Criminal Revision, Ex Parte Dismissal, Remand, Conviction, Sentence
Criminal Law Procedural Law Criminal Revision Ex Parte Dismissal Remand Conviction Sentence

Case Brief

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Parties

Harveer Singh & Anr.

Appellants

State of U.P.

Respondent

Procedural Posture

Criminal Appeal / Appeal to Supreme Court Against High Court Order Dated 09.12.2016

Legal Issues

  1. 1 Whether the High Court was justified in dismissing the criminal revision ex parte without assigning reasons.

Ratio Decidendi

The High Court's ex parte dismissal of the criminal revision without assigning reasons or applying judicial mind was impermissible; the impugned order is set aside and the matter remanded to the High Court to decide the revision afresh on merits.

Court Disposition

Appeal allowed; impugned High Court order set aside; case remanded to High Court for fresh decision on merits.

Orders

  • Appeal allowed
  • Impugned order dated 09.12.2016 set aside