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march 1973

Supreme Court of India · 1973-03-13

MUSTAQ AHMED MOHED HUSSAIN MUKHTAR HUSSAIN ALI HUSSAIN vs THE STATE OF GUJARAT

Citation / case number
SC 1973/60338
Court
Supreme Court of India
Petitioner
MUSTAQ AHMED MOHED HUSSAIN MUKHTAR HUSSAIN ALI HUSSAIN
Respondent
THE STATE OF GUJARAT
Bench
DUA, I.D.

Judgment text excerpt

The Supreme Court held that the High Court's summary dismissal of an appeal under Section 421 Cr.P.C. must be based on a judicial scrutiny of the appeal and the impugned order, requiring the recording of reasons even for concise dismissals. The Court emphasized that arguable points raised by the appellants necessitate a thorough examination rather than a mere dismissal. Consequently, the Court remanded the case back to the High Court for a fresh decision, underscoring the importance of addressing all points raised in the appeal.

MUSTAQ AHMED MOHED HUSSAIN MUKHTAR HUSSAIN ALI HUSSAIN vs THE STATE OF GUJARAT · Niyam