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april 2009

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.

Rameshan P.O. & Ors vs Rakesh Kumar Yadav & Anr · Niyam