Ram Chandra Vs. State of Madhya Pradesh
EmailAppeal: Criminal Appeal No. 112 of 2000
(Arising out of SLP(Crl) No.3922/99)
(Arising out of SLP(Crl) No.3922/99)
Petitioner: Ram Chandra
Respondent: State of Madhya Pradesh
Apeal: Criminal Appeal No. 112 of 2000
(Arising out of SLP(Crl) No.3922/99)
(Arising out of SLP(Crl) No.3922/99)
Judges: M. JAGANNADHA RAO & A.P. MISRA, JJ.
Date of Judgment: Jan 31, 2000
Head Note:
CONSTITUTION
Article 136 – Appeal against an order dismissing application – High Court taking said application for recalling its earlier order – Said order already set aside by Supreme Court, but not noticed by High Court. Held that order of High Court is set aside and directed to deal with case as per earlier orders.
(Paras 3, 4)
JUDGEMENT:
ORDER
1. Leave granted.
2. This appeal has been preferred against the order of the High Court dated 16.9.1999 dismissing the application of the appellant dated 10.9.99.
3. In our view the High Court did not notice that in the order of this Court dated 20th August, 1999 in Criminal Appeal No. 685/99, the earlier order of the High Court was set aside so far as it related to the appellant and the case was remitted to the High Court for fresh disposal in accordance with law. The High Court ought to have disposed of the matter in accordance with law. The High Court mistakenly thought that the application filed by the petitioner was for recall of the earlier order passed by the High Court.
4. For the aforesaid reasons the order dated 16.9.99 of the High Court is set aside. The High Court will now proceed to deal with the case of the appellant as directed in the earlier order of this Court dated 20.8.99.
5. Pending the disposal of the matter before the High Court, the stay of the proceedings before the trial court as granted by this Court earlier will continue. The appeal is disposed of according-ly.
1. Leave granted.
2. This appeal has been preferred against the order of the High Court dated 16.9.1999 dismissing the application of the appellant dated 10.9.99.
3. In our view the High Court did not notice that in the order of this Court dated 20th August, 1999 in Criminal Appeal No. 685/99, the earlier order of the High Court was set aside so far as it related to the appellant and the case was remitted to the High Court for fresh disposal in accordance with law. The High Court ought to have disposed of the matter in accordance with law. The High Court mistakenly thought that the application filed by the petitioner was for recall of the earlier order passed by the High Court.
4. For the aforesaid reasons the order dated 16.9.99 of the High Court is set aside. The High Court will now proceed to deal with the case of the appellant as directed in the earlier order of this Court dated 20.8.99.
5. Pending the disposal of the matter before the High Court, the stay of the proceedings before the trial court as granted by this Court earlier will continue. The appeal is disposed of according-ly.
