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Supreme Court of India 2019-05-10 allowed

Jitender Kumar @ Jitender Singh vs State of Bihar

Bench: 2 — Abhay Manohar Sapre

In Brief

The Supreme Court allowed a criminal appeal challenging a High Court order that dismissed a petition filed under Section 482 Cr.P.C (inherent powers) without providing any reasons or discussing the arguments raised. The appellant was charged under various IPC sections including murder and grievous hurt. The Court held that dismissing a petition without assigning reasons or analyzing submissions is procedurally infirm and contrary to established judicial practice. Reasoning is essential to demonstrate application of the court's mind. The case was remanded to the High Court for fresh consideration on merits with clear reasoning, without the Supreme Court expressing any opinion on the underlying criminal charges."

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Criminal Procedure Judicial Review High Court Powers Section 482 Cr.P.C Reasoned Orders

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