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april 2002

Supreme Court of India · 2002-04-30

Thankappan Nadar And Ors. vs Gopala Krishnan And Anr.

Citation / case number
AIRONLINE 2002 SC 316
Court
Supreme Court of India
Petitioner
Thankappan Nadar And Ors.
Respondent
Gopala Krishnan And Anr.
Bench
M.B. Shah, B.P. Singh, H.K. Sema

Judgment text excerpt

The Supreme Court held that the High Court exceeded its revisional jurisdiction under Section 401 of the Code of Criminal Procedure by reappraising evidence in a case where the trial court had acquitted the accused under Sections 143, 147, 148, and 307 read with Section 149 IPC. The Court emphasized that the High Court's intervention is limited to exceptional cases where there is manifest illegality or gross miscarriage of justice. The appeal was allowed, setting aside the High Court's order and reinstating the acquittal of the accused.

Thankappan Nadar And Ors. vs Gopala Krishnan And Anr. · Niyam