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2013 (2) TMI 924 - SC - Indian Laws

Issues involved: Appeal against judgment and order passed by High Court of Judicature for Rajasthan at Jaipur in a criminal case involving Sections 498-A and 406 of the Indian Penal Code.

Summary:
The appellant and the respondent no.1, who are husband and wife, were involved in a case where the respondent lodged a complaint against the appellant-accused for offenses u/s 498-A and 406 of the IPC. The Trial Court and the Revisional Court had dismissed the complaint, but the High Court set aside their orders and remanded the matter back to the Trial Court for fresh disposal. The appellant-accused appealed against this decision.

Upon review, the Supreme Court found that the High Court's order was a non-speaking order, lacking reasons, which is impermissible under the law. Therefore, the Supreme Court allowed the appeal, set aside the High Court's judgment and order, and remanded the matter back to the High Court for fresh disposal in accordance with the law, with an opportunity for both parties to be heard.

 

 

 

 

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