SUKHDEV SINGH versus STATE OF HARYANA

SUKHDEV SINGH versus STATE OF HARYANA

Since the High Court itself was not sure whether notice was served or not, it should not have taken up the matter ex-parte. The matter is remitted to the High Court for fresh consideration on merits.

Source-derived case information.

Parties
Appellant: Sukhdev Singh; Respondent: State of Haryana
Jurisdiction
India
Judgment Date
01 June 2007
Procedural Posture
Criminal Appeal / Appeal Against High Court Judgment Disposing Appeal Ex Parte
Outcome
Appeal disposed of; matter remitted to High Court for fresh consideration on merits.
Legal Topics
Appeal Against Conviction, Ex Parte Disposal by High Court, Legal Representation, Remand for Fresh Consideration
Criminal Law Appeal Against Conviction Ex Parte Disposal by High Court Legal Representation Remand for Fresh Consideration

Source-derived case record

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Parties

Sukhdev Singh

Appellant

State of Haryana

Respondent

Procedural Posture

Criminal Appeal / Appeal Against High Court Judgment Disposing Appeal Ex Parte

Legal Issues

  1. 1 Whether the High Court was justified in disposing of the appeal ex-parte against the accused without ensuring proper service of notice regarding non-appearance of counsel

Ratio Decidendi

Since the High Court itself was not sure whether notice was served or not, it should not have taken up the matter ex-parte. The matter is remitted to the High Court for fresh consideration on merits.

Court Disposition

Appeal disposed of; matter remitted to High Court for fresh consideration on merits.

Orders

  • Matter remitted to the High Court for fresh consideration on merits expeditiously.
  • Parties directed to appear before the High Court without further notice on 16th July, 2007.