Case Note & Summary
The case involved an appeal against an order by a learned Single Judge of the Allahabad High Court, which dismissed the appellant's revision petitions, including Criminal Revision No.1622 of 1989, in the absence of learned counsel. The appellant filed an application for recall of the dismissal, which was rejected on the grounds that the order was passed on merits. The Supreme Court, upon hearing the matter, noted that the dismissal occurred without the presence of the appellant's counsel and that various reasons were provided for this non-appearance. The Court found it appropriate to set aside the impugned order and remand the case to the High Court for a fresh hearing on merits, ensuring that the appellant's right to be heard was respected. The Court directed that the parties appear before the High Court on a specified date to facilitate the scheduling of a hearing. The appeal was thus allowed, and the matter was to be reconsidered by the High Court.
Headnote
A) Criminal Procedure - Right to be Heard - Dismissal of Revision Petition - Code of Criminal Procedure, 1973, Section Not mentioned - The appellant's revision petition was dismissed ex-parte due to non-appearance of counsel, leading to a challenge in the Supreme Court. The Court held that the dismissal was inappropriate and remitted the matter for fresh consideration to ensure the appellant's right to be heard is upheld (Paras 2-3).
Issue of Consideration
Whether the dismissal of the revision petition in the absence of learned counsel for the appellant warrants a remand for fresh consideration.
Final Decision
The Supreme Court allowed the appeal, set aside the impugned order, and remitted the matter to the High Court for fresh consideration on merits, directing the parties to appear before the High Court on 24.3.2009.
Law Points
- Right to be heard
- Revision petitions
- Fresh consideration
