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june 1975

Supreme Court of India · 1975-06-03

NADIR KHAN vs THE STATE (DELHI ADMINISTRATION)

Citation / case number
SC 1975/60644
Court
Supreme Court of India
Petitioner
NADIR KHAN
Respondent
THE STATE (DELHI ADMINISTRATION)
Author
P.K. GOSWAMI
Bench
P.K. GOSWAMI

Judgment text excerpt

The Supreme Court upheld the High Court's jurisdiction to enhance sentences suo motu under Section 401 of the Code of Criminal Procedure, 1973, despite the absence of an appeal under Section 377 regarding sentence inadequacy. The Court emphasized that the High Court serves as a guardian of justice and can act in cases where the lower court's decision is grossly inadequate. The Court affirmed the High Court's discretion to intervene in the interest of public justice, thereby dismissing the special leave petition.

NADIR KHAN vs THE STATE (DELHI ADMINISTRATION) · Niyam