& ANR. Vs. State Tr. Insp. of Police  INSC 1677 (27 October 2009)
APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1957 OF 2009 (Arising out of
SLP(Crl.) No. 7951/2008 ARULMANI AND ANR. APPELLANT(S) :VERSUS:
APPEAL NO. 1958 OF 2009 (Arising out of SLP (Crl.) No. 3275/2009) SASIRKAUMAR
O R D E R
cases were transferred from the High Court of Madras to the Madurai Bench of
the Madras High Court.
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.
counsel for the appellant submits that the hearing of the case was proponed
without notice to the appellant or his counsel. There is no satisfactory reply
to this frontal allegation by the respondent(s).
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.
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.
appeals are accordingly disposed of.
.....................J (DALVEER BHANDARI)
.....................J (H.L. DATTU)
October 27, 2009.