TUTUL KUMAR! SEN versus STATE OF JHARKHAND & ANR.

TUTUL KUMAR! SEN versus STATE OF JHARKHAND & ANR.

Absence of reasons in the High Court's order makes it unsustainable and necessitates remitting the case for fresh consideration with reasons.

Parties
Appellant: Tutul Kumar Sen; Respondent: State of Jharkhand; Respondent: Respondent No. 2
Jurisdiction
India
Judgment Date
28 April 2009
Procedural Posture
Criminal Appeal / Appeal Against High Court's Order Disposing of Criminal Revision Petition
Outcome
High Court’s order set aside and matter remitted for fresh consideration; appeal disposed of.
Legal Topics
Discharge Under Section 227 Cr PC, Requirement of Reasoned Judicial Orders, Principles of Natural Justice
Criminal Law Discharge Under Section 227 Cr PC Requirement of Reasoned Judicial Orders Principles of Natural Justice

Case Brief

Summary, issues, holding and outcome

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Parties

Tutul Kumar Sen

Appellant

State of Jharkhand

Respondent

Respondent No. 2

Respondent

Procedural Posture

Criminal Appeal / Appeal Against High Court's Order Disposing of Criminal Revision Petition

Legal Issues

  1. 1 Whether the High Court erred in allowing discharge of accused without reasoning
  2. 2 Whether absence of reasons in High Court’s order renders it unsustainable

Ratio Decidendi

Absence of reasons in the High Court's order makes it unsustainable and necessitates remitting the case for fresh consideration with reasons.

Court Disposition

High Court’s order set aside and matter remitted for fresh consideration; appeal disposed of.

Orders

  • The order of the High Court is set aside.
  • Matter remitted to High Court for fresh consideration in accordance with law.