Niyam v2 is live — start for just ₹100 — 200 credits to try

march 2004

Supreme Court of India · 2004-03-09

Ram Briksh Singh & Ors vs Ambika Yadav & Anr

Citation / case number
AIR 2004 SUPREME COURT 4583
Court
Supreme Court of India
Petitioner
Ram Briksh Singh & Ors
Respondent
Ambika Yadav & Anr
Author
Arijit Pasayat
Bench
Arijit Pasayat

Judgment text excerpt

The Supreme Court addressed the issue of the High Court's power under Section 401 of the Criminal Procedure Code to set aside an acquittal. It emphasized that such power should be exercised sparingly and only in cases of manifest illegality or gross miscarriage of justice, as established in D. Stephens v. Nosibolla and K. Chinnaswamy Reddy v. State of Andhra Pradesh. The Court held that the High Court's decision to remit the case for retrial was permissible, provided it adhered to the evidence already on record without allowing further evidence, thereby upholding the principles of revisional jurisdiction.

Ram Briksh Singh & Ors vs Ambika Yadav & Anr · Niyam