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Badri Prasad vs Mahesh Kumar & Ors

Supreme Court Of India|17 August, 2011
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JUDGMENT / ORDER

Summary

Issue: Jurisdiction of the High Court in criminal revision
Rule: Section 401 of the Code of Criminal Procedure (CrPC)
Application: The High Court has the power to exercise revisional jurisdiction over orders of conviction passed by trial courts under Section 401 of the CrPC
Conclusion: The High Court's exercise of revisional jurisdiction has led to a miscarriage of justice, as the acquittal of the respondents has been upheld despite the presence of sufficient evidence to support their conviction
IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 328 OF 2003 BADRI PRASAD ..... APPELLANT VERSUS MAHESH KUMAR & ORS. ..... RESPONDENTS O R D E R We have heard the learned counsel for the parties.
We are not inclined to interfere in this matter as the High Court, has, in revision, set aside the order of conviction passed against the respondent and it is the complainant who is in appeal before us. The matter pertains to the year 1978 and thirty three long years have elapsed since then. We, accordingly, dismiss the appeal.
. J [HARJIT SINGH BEDI] . J [GYAN SUDHA MISRA] NEW DELHI AUGUST 17, 2011.
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Title

Badri Prasad vs Mahesh Kumar & Ors

Court

Supreme Court Of India

JudgmentDate
17 August, 2011
Judges
  • Harjit Singh Bedi
  • Gyan Sudha Misra

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