Supreme Court · 2024 INSC 776 · Decided 1 October 2024
Harshad Gupta v. The State of Chhattisgarh
- Court
- Supreme Court of India
- Citation
- 2024 INSC 776 · [2024] 10 S.C.R. 701
- Case number
- CRIMINAL APPEAL No. 4080/2024
- Decided
- 1 October 2024
- Bench
- SURYA KANT, UJJAL BHUYAN (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 376, 506, 376(1); CrPC Section 353, 354, 235(2), 235(1), 317
Headnote
The Judge who had convicted the appellant was transferred post conviction, before the appellant could be heard on the quantum of sentence and a new Judge was posted in his place. Appellant relying on Sections 353 and 354, Cr.P.C sought direction from the High Court to the the case, including on the question of conviction. High Court whether justified in dismissing the petition filed by the appellant and directing the new Presiding Officer to hear the appellant on the question of sentence and pass an appropriate order in terms of Section 235(2) of the Cr.P.C.
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