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Case Facts

  • Anisur Rehman, BJP leader, was arrested with the charge of murder of TMC functionary Kurban Shah.
  • While the case was pending in the Trial court, The State Government proposed to withdraw the case against the accused.
  • The nephew of the deceased filed a Writ petition before the Single Judge bench of the Calcutta High Court but the order had already been passed by the Trial Court.

Single Judge Bench

  • The Single Judge bench quashed the order passed by the Trial Court under Section 321 of the Code of Criminal Procedure.
  • The proceedings against the accused were to be revived at the Trial court.
  • This decision was brought to a second appeal before the Calcutta High Court.

Analysis and Observation

  • The appellant submitted before the Court of a breach in the principles of natural justice that has occurred due to the decision of the single judge bench.
  • The accused was not made a party to the petition when the petition was filed before the court.
  • The accused was not heard and the prima facie facts of the case show that he should be a party to the case and should be heard.
  • The Court ordered the single judge bench to make the accused a party to the petition and then pass the judgment after all the parties have been heard.
  • The merits of the case should be decided only after the present petition is decided.

Was the decision of the Single Judge Bench appropriate? Let us know in the section below!!

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