Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Sentence or order of competent Court |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Criminal Procedure, 1973 (2 of 1974) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Criminal Procedure Code, 1973: ss.194, 409, 462 & 465: Sentence or order of competent Court-When to be quashed-Prejudice pleaded and proved-Means failure of justice. The case of the respondent-accused was committed to the Sessions Court, Metropolitan Area, Bangalore City and made over under s. 194 Cr.P.C. by the Principle Sessions Judge for trial to the II Additional Sessions Judge who framed charges on August 21, 1980 and recorded the plea of the accused persons. In the monthly statement of October, 1980 the case was shown pending on the board of II Additional Sessions Judge and listed for evidence. On November 17, 1980 the Bangalore City Civil Courts Act came into force and powers of Sessions were conferred on all the City Civil Judges under s.9(3) Cr.P.C. In the monthly statement prepared thereafter for November, 1980 the case was shown pending before the IV Additional City Civil and Sessions Judge. However, the evidence in the case was recorded and the respondent accused convicted under s.302 and 332 IPC by the III Additional City Civil and Sessions Judge. In appeal and reference the High Court looked into the monthly statements of pending cases and observing that there was no order under s.407 Cr.P.C. transferring the case from the file of the IV Additional City Civil and Sessions Judge to the file of III Additional City Civil and Sessions Judge, that as the charge was framed and plea recorded when the case was pending before the II additional Sessions Judge the case could not be withdrawn by the Principle Sessions Judge under s.409(2) after the commencement of the trial and allotted to any other Additional Sesssions Judge that there was no order of the Principal Session Judge under s. 194 transferring the case to the board of III Additional City Civil and Sessions Judge and that the defect could not be remedied under s.465 Cr.P.C., quashed the conviction and directed remand for retrial. The State came in appeal to this Court. |
Judge | Hon'ble Mr. Justice G.L. Oza |
Neutral Citation | 1987 INSC 45 |
Petitioner | State Of Karnataka |
Respondent | Kuppuswamy Gownder |
SCR | [1987] 2 S.C.R. 295 |
Judgement Date | 1987-02-16 |
Case Number | 823 |
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