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        Indian Laws

        HC found the ex parte dismissal of criminal appeal violative of...

        Ex Parte Criminal Appeal Dismissed Without Hearing Violates Fundamental Rights to Fair Trial and Natural Justice

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                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.
                                HC found the ex parte dismissal of criminal appeal violative of natural justice principles under Articles 14 and 21. The lower court's order was set aside due to procedural irregularities in appeal hearing, specifically the dismissal without providing opportunity of representation. The HC remanded the matter back to the Appellate Court with explicit directions to: (a) rehear the appeal on merits (b) ensure proper legal representation (c) appoint amicus curiae if appellant is unrepresented (d) independently dispose of the case without being influenced by HC's observations. The petitioner was also granted liberty to pursue alternative legal remedies if deemed appropriate.
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