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april 2009

Supreme Court of India · 2009-04-17

RAMESHAN P.O. vs RAKESH KUMAR YADAV

Citation / case number
SC 2007/7468
Court
Supreme Court of India
Petitioner
RAMESHAN P.O.
Respondent
RAKESH KUMAR YADAV
Author
ARIJIT PASAYAT

Judgment text excerpt

The Supreme Court held that a revision petition under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 cannot be decided without issuing notice to the affected parties, particularly when the order under Section 156(3) is challenged. The Court emphasized that the principles of natural justice require that the appellants be given an opportunity to present their case before the High Court. Consequently, the impugned order was set aside and the matter was remitted to the High Court for reconsideration, with proceedings before the trial court stayed until then.

RAMESHAN P.O. vs RAKESH KUMAR YADAV · Niyam