Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 1973: s.401 - Revisional jurisdiction - Power of High Court to set aside order of acquittal |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Code of Criminal Procedure, 1973: s.401 - Revisionaljurisdiction - Power of High Court to set aside order ofacquittal - Informant alleged that appellants killed thevictim-deceased - Trial court ordered issue of summons tothe witnesses and warrants against the informant- Trial court after numerous dates ultimately recorded that witnesseswere not present and ordered acquittal - High Court heldthat there was no service report or execution of warrantagainst the informant and there was no service report to showthat either summons were served on other witnesses orwarrants issued against witnesses were executed and itremanded the matter to trial court for retrial - On appeal,held: The Court is under legal obligation to see that thewitnesses who have been cited by prosecution are producedby it or.if summons are issued, they are actually served on the witnesses - If the Court is of opinion that the materialwitnesses have not been examined, it should not allow theprosecution to close the evidence - In the instant case, HighCourt upon perusal of record held that notices were notserved on the witnesses - High Court would be justified to interfere with an order of acquittal if the trial court has wronglyshut out the evidence which the prosecution wishes toproduce - The order of High Court cannot be regarded asfaulty.Criminal trial: Concept of fair trial - Obligation of courts - Held: It is the duty of the court to see that neither theprosecution nor the accused play truancy with the criminaltrial or corrode the sanctity of the proceeding - The court isduty bound to see that neither the prosecution nor thedefence take unnecessary adjournments and take the trial under their control and to see that the witnesses who.havebeen cited by the prosecution are produced by it or ifsummons are issued, they are actually served on thewitnesses - Public Prosecutor who conducts the trial, has a statutory duty to perform - The Court also is not expectedto accept the version of the prosecution as if it is sacred -Non-application of mind by the trial court has the potentialityto lead to the paralysis of the conception of fair trial. |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2015 INSC 1003 |
Petitioner | Bablu Kumarand Ors. |
Respondent | State Of Bihair And Anr. |
SCR | [2015] 8 S.C.R. 512 |
Judgement Date | 2015-07-20 |
Case Number | 914 |
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