Tehzibul Husain Vs. State of U.P.
EmailAppeal: Civil Appeal No. 32-33 of 2000
(Arising out of Special Leave Petition (Crl.) Nos. 2965-66/1999)
(Arising out of Special Leave Petition (Crl.) Nos. 2965-66/1999)
Petitioner: Tehzibul Husain
Respondent: State of U.P.
Apeal: Civil Appeal No. 32-33 of 2000
(Arising out of Special Leave Petition (Crl.) Nos. 2965-66/1999)
(Arising out of Special Leave Petition (Crl.) Nos. 2965-66/1999)
Judges: G.T. NANAVATI & S.N. PHUKAN, JJ.
Date of Judgment: Jan 07, 2000
Head Note:
Practice and Procedure Law
Criminal Procedure Code, 1973
Section 386 – Appeal to High Court – Advocate of appellant died during pendency of the case – High Court disposing of the matter without notice to appellant. Held appellant should have been intimated of the hearing and provided an opportunity to make alternative arrangements. High Court’s order set aside and matter remanded for re-hearing.
Criminal Procedure Code, 1973
Section 386 – Appeal to High Court – Advocate of appellant died during pendency of the case – High Court disposing of the matter without notice to appellant. Held appellant should have been intimated of the hearing and provided an opportunity to make alternative arrangements. High Court’s order set aside and matter remanded for re-hearing.
JUDGEMENT:
ORDER
1. Leave granted .
2. Heard learned counsel for the parties.
3. The appeal filed by the appellant was disposed of by the High Court without giving the appellant an opportunity of hearing. The advocate appearing on behalf of the appellant had died when the matter was pending before the High Court. Intimation should have been given to the appellant to make alternative arrangements. It appears no such intimation was given and the appeal was disposed of without hearing the appeal. Learned counsel appearing for the respondent has not disputed this position. Therefore, this is a fit case where the judgment of the High Court deserves to be set aside. We, therefore, allow these appeals, set aside the judgment and order passed by the High Court and remand the matters back to the High Court for re-hearing of Criminal Appeal No. 2184 of 1980. Record to be sent to the High Court as early as possible.
1. Leave granted .
2. Heard learned counsel for the parties.
3. The appeal filed by the appellant was disposed of by the High Court without giving the appellant an opportunity of hearing. The advocate appearing on behalf of the appellant had died when the matter was pending before the High Court. Intimation should have been given to the appellant to make alternative arrangements. It appears no such intimation was given and the appeal was disposed of without hearing the appeal. Learned counsel appearing for the respondent has not disputed this position. Therefore, this is a fit case where the judgment of the High Court deserves to be set aside. We, therefore, allow these appeals, set aside the judgment and order passed by the High Court and remand the matters back to the High Court for re-hearing of Criminal Appeal No. 2184 of 1980. Record to be sent to the High Court as early as possible.
