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december 1985

Supreme Court of India · 1985-12-11

S. GUIN & OTHERS vs GRINDLAYS BANK LTD.

Citation / case number
SC 1985/67119
Court
Supreme Court of India
Petitioner
S. GUIN & OTHERS
Respondent
GRINDLAYS BANK LTD.
Author
E.S. VENKATARAMIAH
Bench
E.S. VENKATARAMIAH

Judgment text excerpt

The Supreme Court set aside the High Court's order remanding a case for retrial under Section 341 IPC and Section 34 IPC, restoring the acquittal by the Metropolitan Magistrate. The Court held that the High Court's decision to remand after nearly six years was improper, emphasizing that the delay resulted in serious prejudice to the appellants. The Court noted that even if the acquittal was deemed erroneous, the High Court should have exercised its inherent powers under Section 482 CrPC to drop the proceedings instead of ordering a fresh trial.

S. GUIN & OTHERS vs GRINDLAYS BANK LTD. · Niyam