27 October 2009
Supreme Court
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ARULMANI Vs STATE TR.INSP.OF POLICE

Case number: Crl.A. No.-001957-001957 / 2009
Diary number: 14301 / 2008
Advocates: P. V. YOGESWARAN Vs S. THANANJAYAN


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IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION  

CRIMINAL APPEAL  NO. 1957   OF  2009 (Arising out of SLP(Crl.) No. 7951/2008

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.  

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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.