Case Note & Summary
The case involved a criminal appeal filed by the Central Bureau of Investigation (C.B.I.) against Kartar Singh and another respondent. The appeal arose from a Special Leave Petition concerning the respondents' dismissal from service. During the proceedings, the respondents' counsel informed the court that the respondents had already been dismissed, rendering the appeal infructuous. The appellant's counsel indicated a desire not to pursue the appeal further but sought the liberty to revive it if the dismissal order was overturned. The Supreme Court, acknowledging the situation, disposed of the appeal as infructuous while allowing for its revival contingent upon the outcome of the pending appeal against the dismissal. The court also requested the High Court to expedite the hearing of the pending appeal without unnecessary delays. The judgment was delivered on April 21, 2009, by Justices Tarun Chatterjee and V.S. Sirpurkar.
Headnote
A) Criminal Procedure - Infructuous Appeal - Dismissal from Service - Criminal Appeal No. 813 of 2009 - The appeal became infructuous as the respondents were dismissed from service, and the appellant did not wish to proceed further. The court allowed for the possibility of reviving the appeal if the dismissal order was set aside, urging the High Court to expedite the pending appeal against the dismissal (Paras 2-3).
Issue of Consideration
Whether the appeal should proceed given the respondents' dismissal from service.
Final Decision
The Supreme Court disposed of the appeal as infructuous, allowing for revival if the dismissal order is set aside and requested the High Court to expedite the pending appeal.
Law Points
- Infructuous appeal
- revival of appeal
- dismissal from service
