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march 2004

Supreme Court of India · 2004-03-09

RAM BRIKSH SINGH vs AMBIKA YADAV

Citation / case number
SC 1996/2524
Court
Supreme Court of India
Petitioner
RAM BRIKSH SINGH
Respondent
AMBIKA YADAV
Author
Y.K. Sabharwal
Bench
Y.K. SABHARWAL & ARIJIT PASAYAT

Judgment text excerpt

The Supreme Court addressed the limitations of revisional jurisdiction under Sections 397 to 401 of the Criminal Procedure Code, emphasizing that a High Court cannot convert a finding of acquittal into conviction indirectly. The Court held that the High Court's decision to remit the case for retrial was permissible 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 ultimately found that the High Court had overstepped its jurisdiction by ordering retrial without sufficient grounds, leading to the appeal being allowed.

RAM BRIKSH SINGH vs AMBIKA YADAV · Niyam