Abdul Quddoos. Vs. State Of Rajasthan.
EmailAppeal: Criminal Appeal No. Of 1987.
(Arising out of Special Leave Petition (Crl.) No.2400 of 1986)
(Arising out of Special Leave Petition (Crl.) No.2400 of 1986)
Petitioner: Abdul Quddoos.
Respondent: State Of Rajasthan.
Apeal: Criminal Appeal No. Of 1987.
(Arising out of Special Leave Petition (Crl.) No.2400 of 1986)
(Arising out of Special Leave Petition (Crl.) No.2400 of 1986)
Judges: M.P. THAKKAR & B.C. RAY, JJ.
Date of Judgment: Feb 09, 1987
Head Note:
CONSTITUTION OF INDIA, 1950:
Article 136 – Appellant did not have notice of the listing of the appeal for final hearing – matter remanded back to the High Court for affording reasonable opportunity of hearing to the appellant.
JUDGEMENT:
ORDER
1. Special leave granted. Heard both the sides.
2. We are satisfied that the appellant did not have notice of the listing of the appeal of final hearing and under the circumstances the order passed by the High Court on January 15, 1986 must be set aside. We, therefore, set aside the order of the High Court and send the matter back to the High Court at Jodhpur for affording reasonable opportunity of hearing to the appellant and for disposing it of in accordance with law at an early date. The appellant will appear before the learned Registrar at Jodhpur on March 30, 1987 for directions and to obtain a date for listing of the matter.
3. The appellant is on bail. He need not surrender for eight weeks. Meanwhile, he will approach the High Court and seek appropriate orders from the High Court.
4. The appeal is disposed of accordingly.
Appeal allowed.
1. Special leave granted. Heard both the sides.
2. We are satisfied that the appellant did not have notice of the listing of the appeal of final hearing and under the circumstances the order passed by the High Court on January 15, 1986 must be set aside. We, therefore, set aside the order of the High Court and send the matter back to the High Court at Jodhpur for affording reasonable opportunity of hearing to the appellant and for disposing it of in accordance with law at an early date. The appellant will appear before the learned Registrar at Jodhpur on March 30, 1987 for directions and to obtain a date for listing of the matter.
3. The appellant is on bail. He need not surrender for eight weeks. Meanwhile, he will approach the High Court and seek appropriate orders from the High Court.
4. The appeal is disposed of accordingly.
Appeal allowed.
