Supreme Court Disposes of Criminal Appeal with Directions. Interim Order Made Absolute Following Filing of Charges.

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Case Note & Summary

The case involved an appeal filed by Bhim Prasad against the State of Bihar. The Supreme Court was presented with a procedural matter concerning an interim order that had been previously issued. The court noted that a charge had since been filed, which prompted the decision to make the interim order absolute. Consequently, the appeal was disposed of with this direction, indicating that the court found the procedural development sufficient to resolve the matter at hand. The judgment underscored the importance of interim orders in the context of ongoing criminal proceedings.

Headnote

A) Criminal Procedure - Interim Orders - Making Interim Orders Absolute - Code of Criminal Procedure, 1973, Section Not mentioned - The court considered the necessity of making the interim order absolute in light of the filing of charges. It directed that the interim order dated 14.12.2007 be made absolute, thereby disposing of the appeal with the specified direction. Held that the appeal was resolved based on the procedural development of the case (Paras Not mentioned).

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Issue of Consideration

Whether the interim order should be made absolute following the filing of charges.

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Final Decision

The Supreme Court made the interim order dated 14.12.2007 absolute and disposed of the appeal accordingly.

Law Points

  • Interim orders
  • Criminal procedure
  • Appeal disposal
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Case Details

2008 LawText (SC) (02) 575

Appeal (crl.) 329 of 2008

2008-02-15

S.B. Sinha, V.S. Sirpurkar

Bhim Prasad

The State of Bihar

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Nature of Litigation

Criminal appeal against the State of Bihar

Remedy Sought

Bhim Prasad sought to challenge the interim order

Issues

Whether the interim order should be made absolute following the filing of charges

Ratio Decidendi

The court emphasized the procedural significance of interim orders in criminal proceedings.

Judgment Excerpts

In view of the fact that charge has since been filed, we make the interim order dated 14.12.2007 absolute.

Procedural History

The appeal arose from SLP(Crl.) No.7619/2007.

Acts & Sections

  • Code of Criminal Procedure, 1973:
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