D. Paul and anr. Vs. Nawab Ali Akhtar and ors. - Court Judgment |
| Criminal |
| Supreme Court of India |
| Jan-15-2001 |
| Criminal Appeal No. 74 of 2001 |
| A.S. Anand, C.J. and; R.C. Lahoti, J. |
| (2001)10SCC501 |
| Indian Penal Code (IPC), (IPC) 1860 - Sections 381, 411 |
| D. Paul and anr. |
| Nawab Ali Akhtar and ors. |
| Appeal Disposed |
| Arising out of SLP (Crl.) No. 383 of 2000 |
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[ a.s. anand, c.j. and; r.c. lahoti, j.] - criminal procedure code, 1973 — section. 401 — unwarranted remarks while disposing of revision petition — propriety — revision petition against order of acquittal of appellant for offences under sections. 381 and 411 ipc — while dismissing the revision, high court observing that departmental proceedings, pending against the accused, should be disposed of on merits without being influenced by the order of acquittal in the criminal case -- the appellant was acquitted of offences under sections 381 and 411 ipc and a revision petition filed by the respondents against the order of acquittal was dismissed by the high court on 20-9-1999. after dismissing the revision petition, the high court observed.appeal disposed.a.s. anand, c.j. and; r.c. lahoti, j.1. leave granted.2. the appellant was acquitted of offences under sections 381 and 411 ipc and a revision petition filed by the respondents against the order of acquittal was dismissed by the high court on 20-9-1999. after dismissing the revision petition, the high court observed:“it is stated that the departmental proceeding is pending against opposite parties 2 and 3. it goes without saying that the departmental proceeding will be disposed of on its own merit in accordance with law without being influenced by the order of acquittal in a criminal case.”3. in our opinion, the above observations were not required to be made by the high court while dismissing the revision petition. these observations shall, therefore, stand deleted. we clarify that the question whether the order of acquittal can have any effect on the departmental proceedings or in the civil case will have to be decided at the appropriate stage by the appropriate forum.4. the appeal is disposed of in the above terms.
A.S. Anand, C.J. and; R.C. Lahoti, J.
1. Leave granted.
2. The appellant was acquitted of offences under Sections 381 and 411 IPC and a revision petition filed by the respondents against the order of acquittal was dismissed by the High Court on 20-9-1999. After dismissing the revision petition, the High Court observed:
“It is stated that the departmental proceeding is pending against Opposite Parties 2 and 3. It goes without saying that the departmental proceeding will be disposed of on its own merit in accordance with law without being influenced by the order of acquittal in a criminal case.”
3. In our opinion, the above observations were not required to be made by the High Court while dismissing the revision petition. These observations shall, therefore, stand deleted. We clarify that the question whether the order of acquittal can have any effect on the departmental proceedings or in the civil case will have to be decided at the appropriate stage by the appropriate forum.
4. The appeal is disposed of in the above terms.