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1980 (9) TMI 284 - SC - Indian Laws

Issues involved: Violation of natural justice in the High Court's order regarding a revision case under Section 435 read with Section 438 of the CrPC.

Summary:
The Supreme Court heard an appeal against a High Court order accepting a reference from the Addl. Sessions Judge, West Godavari, regarding a revision case under Section 435 read with Section 438 of the CrPC. The High Court's order set aside the Addl. First Class Magistrate's decision in Cri. M.P. No. 163 of 1971 without giving notice to the respondent or their counsel. The High Court's decision was found to be in violation of the audi alteram partem rule of natural justice. The Supreme Court set aside the High Court's order and directed the case to be disposed of within two months after hearing both parties.

The High Court's decision to accept the reference and set aside the Magistrate's order without giving the respondent an opportunity to be heard was deemed contrary to the principles of natural justice. The Supreme Court emphasized the importance of allowing both parties to present their arguments before making a decision in a revision case.

The Supreme Court's ruling highlighted the significance of adhering to the principles of natural justice, particularly the right to be heard, in legal proceedings. The Court's decision to set aside the High Court's order and remand the case for proper consideration with both parties being given an opportunity to present their arguments underscored the fundamental importance of fair and just proceedings in the administration of justice.

 

 

 

 

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