1. Criminal Miscellaneous Petition filed in a Criminal Appeal concerning a technical question regarding a reference order. (Para 1 )
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1995 Supreme(SC) 1535
SUPREME COURT OF INDIA
A.M. Ahmadi, C.J.I., S.P. Bharucha and S.C. Sen, JJ.
Rashmi Kumar - Appellant
Versus
Mahesh Kumar Bhada - Respondent
Cr.M.P. No. 5835 of 1995 in Crl.A. No. 645 of 1993.
Decided On : 1-12-1995
Important Points
The court directed a criminal appeal to be heard by a three-judge bench to resolve a technical question regarding a prior reference and potentially dispose of the appeal.
Subject
Criminal Law - Procedural Law
Headnote
(A) Criminal Procedure - Scheduling of hearing - Technical question regarding reference - Direction to place appeal before a three-judge bench. (Para 1)
Facts of the case:
A criminal miscellaneous petition was filed in the context of a pending criminal appeal.
Findings of Court:
The court directed that the main criminal appeal be listed for hearing before a three-judge bench immediately after the December holidays.
Issues: Whether the reference made by the order dated 19.4.95 is technically correct.
Ratio Decidendi: The court decided to hear the technical question regarding the reference and the main appeal together before a three-judge bench, with the possibility of disposing of the appeal on the same date.
Result: Criminal Appeal ordered to be placed for hearing.
Facts of the case:
A criminal miscellaneous petition was filed in the context of a pending criminal appeal.
Findings of Court:
The court directed that the main criminal appeal be listed for hearing before a three-judge bench immediately after the December holidays.
Issues: Whether the reference made by the order dated 19.4.95 is technically correct.
Ratio Decidendi: The court decided to hear the technical question regarding the reference and the main appeal together before a three-judge bench, with the possibility of disposing of the appeal on the same date.
Result: Criminal Appeal ordered to be placed for hearing.
Legal Category Hierarchy
-
practice and procedure
-
criminal procedure
- listing and scheduling (Para 1)
-
criminal procedure
Table of Contents
2. Correctness of a reference made by a previous order. (Para 1 )
3. The court noted a technical question regarding a reference order and indicated the appeal might be disposed of during the hearing. (Para 1 )
4. Criminal Appeal directed to be heard by a three-judge bench after the holidays. (Para 1 )
JUDGMENT :
1. Criminal Miscellaneous Petition filed in the Criminal Appeal was taken up for hearing. We direct that the Criminal Appeal No. 645/93 be placed for hearing immediately after the December holidays before a three Judge Bench. We have put counsel to notice that besides the technical question whether the reference made by the order of 19.4.95 is correct, we may dispose of the appeal itself on that date.
