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2019 Supreme(SC) 1668
SUPREME COURT OF INDIA
Abhay Manohar Sapre, R. Subhash Reddy, JJ.
Andavarapu Apparao - Appellant
Versus
State Of Andhra Pradesh - Respondent
Criminal Appeal No. 55 of 2019; Special Leave Petition (Criminal) No. 11126 of 2018
Decided On : 11-01-2019
M. Rambabu, Adv., N. Eswara Rao, Adv., Prerna Singh, Adv., Guntur Prabhakar, Adv., Prasanth Mathur, Adv.
The requirement for courts to provide reasons for rejection and the need for fresh consideration of cases on their merits.
Headnote:
Impugned Order - Setting Aside - Remand of the Case
Fact of the Case:
The court granted leave and set aside the impugned order passed by the High Court, remanding the case for fresh consideration.
Finding of the Court:
The court found that the High Court had not provided any reason for rejection, necessitating a remand of the case for fresh consideration.
Issues: The issue of rejection without reason and the need for fresh consideration of the case on its merits, including maintainability, were considered.
Ratio Decidendi: The court's decision was influenced by the lack of reasons for rejection and the requirement for a fresh consideration of the case on its merits.
Final Decision: The appeal was allowed, the impugned order was set aside, and the matter was directed to be reconsidered afresh on merits, including the issue of maintainability.
ORDER
1. Leave granted.
2. After having heard counsel for the parties and on perusal of the record of the case, we are inclined to set aside the impugned order passed by the High Court and remand the case to the High Court of Judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh for deciding I.A.No.1/2018 afresh on its merits.
3. From perusal of the record, we find that the High Court has not assigned any reason in support of rejection and hence the remand of the case is called for to the High Court and fresh consideration of I.A.No.1/2018 on its merits .
4. The appeal is accordingly allowed and the impugned order is set aside.
5. Let the matter be reconsidered afresh on merits including the issue as regards to the maintainability etc.
