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june 2014

Supreme Court of India · 2014-06-30

Bal Manohar Jalan vs Sunil Paswan & Anr

Citation / case number
AIR 2014 SC (CRIMINAL) 2255
Court
Supreme Court of India
Petitioner
Bal Manohar Jalan
Respondent
Sunil Paswan & Anr
Author
C. Nagappan
Bench
C. Nagappan, T.S. Thakur

Judgment text excerpt

The Supreme Court held that the High Court's order under Section 401 of the Code of Criminal Procedure, which allowed a revision petition without providing the accused an opportunity to be heard, was in violation of the principles of natural justice. The Court emphasized that Section 401(2) mandates that no order should be made to the prejudice of the accused without a hearing. Consequently, the Supreme Court set aside the High Court's order and remanded the matter for reconsideration, ensuring the accused's right to a fair hearing is upheld.

Bal Manohar Jalan vs Sunil Paswan & Anr · Niyam