2024 Supreme(Online)(SC) 1416
NITISH KUMAR YADAV – Appellant
Versus
THE STATE OF BIHAR – Respondent
SLP(Crl) No.-000077 / 2024
02-01-2024
The absence of a specified date in a notice for appearance undermines procedural fairness, justifying the allowance of an appeal.
Headnote:(A) Criminal Procedure Code, 1973 - Section 438 - Special Leave to Appeal - Interim order made absolute - The notice served did not specify a date for the appellant's appearance for investigation - The appeal was allowed based on the circumstances of the case. (Paras 1, 2)
(B) Appeal - The court emphasized the importance of clear communication regarding appearance dates in legal proceedings. (Paras 1, 2)
Facts of the case:
The petitioner sought special leave to appeal against the High Court's order, which did not provide a specific date for the appellant's appearance for investigation. The interim order was previously issued on 2nd January, 2024.
Findings of Court:
The interim order was made absolute, allowing the appeal based on the lack of clarity in the notice served to the appellant.
Issues: The main issue was whether the notice served to the appellant provided sufficient information regarding the date of appearance for investigation.
Ratio Decidendi: The court ruled that the absence of a specified date in the notice undermined the procedural fairness required in legal proceedings, justifying the allowance of the appeal.
Result: The appeal is accordingly allowed.
ORDER
Leave granted. Heard the learned counsel appearing for the parties. The learned counsel appearing for the respondent- State produced a copy of the Notice dated 31st January, 2024 for our perusal. Even assuming that the notice was served, the notice does not indicate any particular date on which the appellant was supposed to appear for investigation. Considering the facts and circumstances of the case, the interim order passed by this Court on 2nd January, 2024 is made absolute on the same terms and conditions. The appeal is accordingly allowed. ..........................J. (ABHAY S.OKA) ..........................J. (UJJAL BHUYAN) NEW DELHI; February 19, 2024. Digitally signed by Anita Malhotra Date: 2024.02.20 17:13:32 IST Reason:
Signature Not Verified ITEM NO.14 COURT NO.7 SECTION II-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s). 77/2024 (Arising out of impugned final judgment and order dated 21-08-2023 in CRLM No. 51916/2023 passed by the High Court of Judicature at Patna) NITISH KUMAR YADAV Petitioner(s) VERSUS THE STATE OF BIHAR Respondent(s) Date : 19-02-2024 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ABHAY S. OKA HON'BLE MR. JUSTICE UJJAL BHUYAN For Petitioner(s) Ms. Rita Jha, AOR Mr. Kumar Vikramaditya, Adv. Mr. Subodh Kumar Jha, Adv. Mr. Pranav Kumar Jha, Adv. For Respondent(s) Mr. Rishi K Awasthi, Adv. Mr. Piyush Vatsa, Adv. Ms. Ritu Arora, Adv. Mr. Amit Vikram Awasthi, Adv. Mr. Rahul Kumar Gupta, Adv. Mr. Punit Vinay, AOR UPON hearing the counsel the Court made the following O R D E R Leave granted. The appeal is allowed in terms of the signed order. Pending application, if any, also stands disposed of. (ANITA MALHOTRA) (AVGV RAMU) AR-CUM-PS COURT MASTER (Signed order is placed on the file.)
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