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january 2009

Supreme Court of India · 2009-01-27

Raj Kishore Pandey vs State Of U.P. & Ors

Citation / case number
AIR 2009 SUPREME COURT 1640
Court
Supreme Court of India
Petitioner
Raj Kishore Pandey
Respondent
State Of U.P. & Ors
Bench
H.L. Dattu, Tarun Chatterjee

Judgment text excerpt

The Supreme Court held that the High Court's rejection of the appellant's writ petition for non-prosecution and subsequent restoration application was hyper-technical and unjustified. The Court emphasized that the appellant had engaged two counsels, one of whom was elevated to the bench and the other was unwell, which constituted sufficient cause for their absence. The Court directed that the restoration application should have been allowed, enabling the case to be heard on merits, given its long-standing nature since 1988.

Raj Kishore Pandey vs State Of U.P. & Ors · Niyam