Supreme Court of India · 2009-04-17
Rameshan P.O. & Ors vs Rakesh Kumar Yadav & Anr
- Citation / case number
- AIR 2009 SUPREME COURT 2459
- Court
- Supreme Court of India
- Petitioner
- Rameshan P.O. & Ors
- Respondent
- Rakesh Kumar Yadav & Anr
- Author
- Arijit Pasayat
- Bench
- Asok Kumar Ganguly, Arijit Pasayat
Judgment text excerpt
The Supreme Court held that the Allahabad High Court erred in allowing a revision petition under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 without issuing notice to the appellants. The Court emphasized that the principles of natural justice require that parties be given an opportunity to be heard, especially when their rights are affected. Consequently, the impugned order was set aside, and the matter was remitted to the High Court for reconsideration, with the trial court proceedings stayed until then.