Supreme Court Dismisses Criminal Appeals Due to Withdrawal by Accused. The court accepted the withdrawal of the appeal and noted the sentence had been served.

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Case Note & Summary

The case involved two criminal appeals, namely Criminal Appeal No. 890 of 2005 and Criminal Appeal No. 891 of 2005. The appellant in Criminal Appeal No. 890 of 2005, Dharam Pal, requested the Supreme Court to dismiss his appeal as not pressed, which was granted by the court. The court noted that the accused had already undergone the seven-year sentence imposed by the High Court. Consequently, the court decided not to interfere with Criminal Appeal No. 891 of 2005 at that stage, leading to its dismissal as well. The judgment was delivered by Justices Harjit Singh Bedi and Chandramauli Kr. Prasad on October 26, 2010.

Headnote

A) Criminal Law - Withdrawal of Appeal - Dismissal of Appeal - Criminal Procedure Code, 1973 - The appellant in Criminal Appeal No. 890 of 2005 requested for dismissal of the appeal as not pressed, leading to the court's decision to dismiss the appeal. The court noted that the accused had already served the sentence imposed by the High Court, thus not interfering with the related appeal (Paras 1-2).

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Issue of Consideration

Whether the appeal should be dismissed as not pressed.

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Final Decision

The Supreme Court dismissed Criminal Appeal No. 890 of 2005 as not pressed based on the appellant's request. Consequently, Criminal Appeal No. 891 of 2005 was also dismissed, with the court noting that the appellant had already served the seven-year sentence awarded by the High Court.

Law Points

  • Withdrawal of appeal
  • Dismissal of appeal
  • Sentence served
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Case Details

2010 LawText (SC) (10) 112

Crl. A. No. 890 of 2005

2010-10-26

Harjit Singh Bedi, Chandramauli Kr. Prasad

Dharam Pal

State of Delhi

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Nature of Litigation

Criminal appeals regarding the conviction and sentence of the appellant.

Remedy Sought

The appellant sought dismissal of his appeal.

Filing Reason

The appeal was filed against the conviction and sentence imposed by the High Court.

Previous Decisions

The High Court had awarded a seven-year sentence to the appellant.

Issues

Whether the appeal should be dismissed as not pressed.

Submissions/Arguments

The appellant requested dismissal of the appeal as not pressed. The court noted the appellant had served his sentence.

Ratio Decidendi

The court upheld the principle that an appeal can be dismissed if the appellant withdraws it, especially when the sentence has already been served.

Judgment Excerpts

The appellant in Criminal Appeal No. 890 of 2005 requested for dismissal of the appeal as not pressed. Criminal Appeal No. 891 of 2005 stands dismissed.

Procedural History

The appellant filed Criminal Appeal No. 890 of 2005 against the High Court's decision, which was followed by the related appeal, Criminal Appeal No. 891 of 2005.

Acts & Sections

  • Criminal Procedure Code:
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