Arulmani & Anr vs State Tr.Insp.Of Police

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.