Supreme Court of India · 2005-08-29
Sumer vs State Of U.P
- Citation / case number
- AIRONLINE 2005 SC 790
- Court
- Supreme Court of India
- Petitioner
- Sumer
- Respondent
- State Of U.P
- Bench
- Chief Justice, Ruma Pal, Arun Kumar
Judgment text excerpt
The Supreme Court dismissed the curative petition filed by one of the accused in a murder case under Section 302 read with Section 149 IPC, emphasizing that the petition was an abuse of the remedy provided for curative petitions as established in Rupa Ashok Hurra v. Ashok Hurra & Anr. [(2002) 4 SCC 388]. The Court reiterated that curative petitions should only be entertained in exceptional cases where there is a violation of natural justice or bias. The appeal of the State was previously allowed, restoring the conviction of the accused by the Sessions Court, which the High Court had overturned.