Full Judgment Text
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 1957 OF 2009
(Arising out of SLP(Crl.) No. 7951/2008
ARULMANI AND ANR. APPELLANT(S)
:VERSUS:
STATE THROUGH INSPECTOR OF POLICE RESPONDENT(S)
WITH
CRIMINAL APPEAL NO. 1958 OF 2009
(Arising out of SLP(Crl.) No. 3275/2009)
SASIRKAUMAR APPELLANT(S)
:VERSUS:
STATE THROUGH INSPECTOR OF POLICE RESPONDENT(S)
O R D E R
Leave granted.
These cases were transferred from the High Court of
Madras to the Madurai Bench of the Madras High Court.
Learned senior counsel appearing on behalf of
Appellants has drawn our attention to Annexure P-3 at Page
130 of the SLP Paper Book in which it is mentioned that at
the request of the parties, the matter was adjourned to
26.3.2008. It is submitted by the learned counsel for the
appellant that though the hearing of the case was adjourned
to 26.3.2008, but the matter was somehow finally heard on
17.3.2008 and the Madurai Bench of the Madras High Court
passed the impugned order on 18.3.2008.
-2-
Learned counsel for the appellant submits that the
hearing of the case was preponed without notice to the
appellant or his counsel. There is no satisfactory reply to
this frontal allegation by the respondent(s).
In this view of the matter, in consonance with the
principles of natural justice, we are constrained to set
aside the order dated 18.3.2008 passed by the Madurai Bench
of the Madras High Court, remit the matters to the Madurai
Bench of the High Court and direct that the criminal
appeals be listed for hearing after giving notice to the
parties.
It is stated that the appellants are in jail for a
long period. In this view of the matter, we request the
Madurai Bench of the Madras High Court to dispose of the
criminal appeals as expeditiously as possible.
These appeals are accordingly disposed of.
.....................J
(DALVEER BHANDARI)
.....................J
(H.L. DATTU)
New Delhi;
October 27, 2009.