Harveer Singh & Anr. vs State of U.P.

Court

Supreme Court of India

Date

15 March 2019

Case No.

Criminal Appeal No. 505 of 2019

Bench

Abhay Manohar Sapre, Dinesh Maheshwari

Citation

[2019] 2 S.C.R. 1014 : 2019 INSC 391

Headnote

Revision:

Revision petition – Ex parte dismissal of the criminal revision, by the High Court – Interference with – Held: High Court dismissed the revision without assigning any reason – Such disposal cannot be countenanced – High Court should have applied its judicial mind to the factual and legal aspects in the case and then passed appropriate orders either for upholding or setting aside the conviction but the same was not done – Matter remanded to the High Court for deciding the revision petition afresh. Allowing the appeal, the Court

HELD: The High Court while dismissing the revision did not assign any reason. The disposal of the revision in this manner cannot be countenanced. The least that was expected of was that the High Court would apply its judicial mind to the factual and legal aspects arising in the case and then pass appropriate orders either for upholding the conviction or acquitting the appellants, as the case may be. The High Court failed to do so. The impugned order is set aside. The case is remanded to the High Court for deciding the revision petition afresh on merits in accordance with law. [Paras 11,12,14][1016-C, D-F]

The Judgment of the Court was delivered by ABHAY MANOHAR SAPRE, J. 1. Leave granted. 2. This appeal is directed against the final judgment and order dated 09.12.2016 passed by the High Court of Judicature at Allahabad in Criminal Revision No.2870 of 2009 whereby the High Court dismissed the said revision ex parte filed by the appellants herein. 3. The appeal involves a short point as is clear from the facts stated infra. 4. The appellants along with other two accused were prosecuted for the offences punishable under Sections 323, 324, 452, 504 and 506 of the Indian Penal Code, 1860 (herein

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