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march 2009

Supreme Court of India · 2009-03-05

Rameshwar Prasad vs State Of Rajasthan

Court
Supreme Court of India
Petitioner
Rameshwar Prasad
Respondent
State Of Rajasthan
Author
Arijit Pasayat
Bench
Arijit Pasayat, V.S. Sirpurkar, Asok Kumar Ganguly

Judgment text excerpt

The Supreme Court held that the Rajasthan High Court erred in not examining the merits of the appellant's case after quashing the remand order of the first Appellate Court, which had failed to address the appeal on its merits. The Court emphasized that the High Court should have reviewed the conviction under Section 408 IPC for criminal breach of trust, as the first Appellate Court's remand was impermissible. Consequently, the Supreme Court set aside the High Court's order and remitted the matter for a decision on merits.

Rameshwar Prasad vs State Of Rajasthan · Niyam