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Criminal · Reportable judgment

Indrajeet Yadav vs Santosh Singh and Anr.

Court
Supreme Court of India
Date
19 April 2022
Case No.
Criminal Appeal No. 577 of 2022
Result
Allowed
Bench
M.R. Shah, B.V. Nagarathna
Citation
[2022] 3 S.C.R. 73 : 2022 INSC 440
Supreme Court Reports [2022] 3 S.C.R. 73 : 2022 INSC 440
Headnote

Practice and Procedure – Pronouncement of final orders without a reasoned judgment, deprecated – High Court while allowing appeals of the accused pronounced the operative portion of the order and set aside the judgment and order of conviction passed by the trial court and directed the accused who was in jail to be released, but a reasoned judgment and order was pronounced after approximately five months – On appeal, held: Despite strong observations made by Supreme Court as far as back in the year 1984 and thereafter repeatedly reiterated, still the practice of pronouncing only the operative portion of the judgment without a reasoned judgment and to pass a reasoned judgment subsequently has been continued – Such a practice of pronouncing the final orders without a reasoned judgment has to be stopped and discouraged – On facts, a reasoned judgment was pronounced and uploaded by the High Court after a period of almost five months – Impugned judgment and order passed by the High Court accordingly set aside – Appeals remanded to High Court for decision afresh in accordance with law and on merits – IPC – s.302 r/w s.34. Balaji Baliram Mupade & Anr. v. The State of

Maharashtra [Decision of Supreme Court dated 29-102020 in Civil Appeal No. 3564 of 2020]; State of Punjab & Ors. v. Jagdev Singh Talwandi, (1984) 1 SCC 596: [1984] 2 SCR 50 and Anil Rai v. State of Bihar, (2001) 7 SCC 318: [2001] 1 Suppl. SCR 298 – referred to.

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

The Judgment of the Court was delivered by M. R. SHAH, J. 1. Feeling aggrieved and dissatisfied with the impugned common judgment and order dated 30.03.2019 passed by the High Court of Judicature at Allahabad in Criminal Appeal No.1083 of 2012 and Criminal Appeal No.1178 of 2012 by which the High Court has allowed the said appeals preferred by the original accused and has acquitted them for the offences punishable under Section 302 read with Section 34 of the Indian Penal Code (for short, ‘IPC’), the original complainant/informant has preferred the present appeals. 2. We have heard learned
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