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.