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 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, 1973: s. 319 – Application under – Appellants summoned by order dated 17.8.2019 – As the appellants did not appear before the Court, bailable warrant issued on 5.9.2019 and non-bailable warrant issued on 18.9.2019 issuing notice u/s. 446 Cr. P.C. – Criminal Revision by appellants against order dated 17.8.2019 – High Court dismissed the Revision on the ground that there was concealment of fact as order dated 18.9.2019 was not placed on record – Appeal to Supreme Court – Held: Power u/s. 319 is extra-ordinary and discretionary and has to be exercised sparingly – High Court did not consider the correctness of order dated 17.8.2019 – The subsequent proceedings cannot be a ground to not consider the correctness and validity of order dated 17.8.2019 – Order of High court is unsustainable – The High Court is directed to consider the Revision afresh in accordance with law. |
Judge | Hon'ble Mr. Justice Ashok Bhushan |
Neutral Citation | 2021 INSC 48 |
Petitioner | Ajay Kumar @ Bittu & Anr. |
Respondent | State Of Uttarakhand & Anr. |
SCR | [2021] 1 S.C.R. 191 |
Judgement Date | 2021-01-29 |
Case Number | 88 |
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