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april 1988

Supreme Court of India · 1988-04-29

AIDAN & ORS. vs STATE OF RAJASTHAN

Citation / case number
SC 1994/72682
Court
Supreme Court of India
Petitioner
AIDAN & ORS.
Respondent
STATE OF RAJASTHAN
Bench
MUKHARJI, SABYASACHI ,MISRA RANGNATH,OZA, G.L. ,RAY, B.C. & VENKATACHALLIAH, M.N. ,VENKATACHALLIAH, M.N. & RANGNATHAN, S.

Judgment text excerpt

The Supreme Court addressed the validity of directing a trial by a High Court Judge under the Criminal Law (Amendment) Act, 1952, specifically Sections 6 and 7, and clarified that such a transfer must comply with jurisdictional requirements under the Criminal Procedure Code, 1973, particularly Sections 374, 406, and 407. The Court held that the powers of review and correction of its own judgments are inherent, especially when fundamental rights under Articles 14 and 21 are at stake. The Court ultimately upheld the maintainability of the complaint against the appellant, affirming the Special Judge's authority to take cognizance of the offences despite the appellant's objections regarding jurisdictional notifications.

AIDAN & ORS. vs STATE OF RAJASTHAN · Niyam