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.