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1994 (4) TMI 393 - SUPREME COURT

1994 (4) TMI 393 - SUPREME COURT - 1994 SCC (4) 564, JT 1994 (3) 644, 1994 SCALE (2) 735 - Dated:- 27-4-1994 - MOHAN, S. & VENKATACHALLIAH, M.N.(CJ) JJ. JUDGMENT: MOHAN, J.- Leave granted. 2.The appellants were tried before the learned First Additional Sessions Judge, Hoshangabad in Sessions Trial No. 30 of 1985 for offences under Sections 147 and 307 of Indian Penal Code. On trial, they were convicted and sentenced as per the judgment dated 23-1-1986 as under. Rigorous imprisonment for one .....

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he matter was listed on 11-10-1993. On that day also the lawyers were on strike. Therefore, the appeal was dismissed by the impugned judgment for want of prosecution. On 20-11- 1993 an application under Section 482 Code of Criminal Procedure was preferred for restoration of the appeal and to decide the same on merits. By an order dated 26-11-1993 the said application was dismissed. Hence, the special leave petition. 3.The learned counsel for the appellant would urge that the Court should not hav .....

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11-10-1993 the High Court observed as under: "No Advocate nor their Association has apprised this Court about the grievances of the Advocates and why they do not wish to appear in this Court. But in this connection news have been published in the newspapers from time to time. It appears from the news published in the local newspapers that on 13-8-1993 and 14-8-1993 representatives of the Advocates met the Hon'ble Chief Justice of India and the Minister for Law and submitted a memorandu .....

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account only the Bar Association has demanded that this Court should also be transferred. It is learnt that a writ petition has been preferred seeking transfer of the Chief Justice and it is under consideration. The learned Justices of the Supreme Court have urged the Advocates of this Court that during the pendency of the said writ petition they should not resort to any such agitation and withdraw the agitation that is being continued by them. News items published in the newspapers indicate -t .....

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stice and this can never be accepted. This decision of the Advocates speaks of their unruly attitude and for this the judicial process would not be allowed to be obstructed or disturbed. Since according to this Court there is no justification in the decision of Advocates, their absence is unpardonable. In such exigency as per Section 386 of the Criminal Procedure Code this Court without hearing the parties is competent to decide the appeal on merits. But pursuant to the decision of the Supreme C .....

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cution." 5. We are afraid that the High Court has shown a lack of judicial restraint and decreed in adverting to and influenced by matters which were extraneous. The judicial proceedings in this Court relating to the administrating the High Court during that period would indicate that this went severely wrong in the High Court's administration in certain matters. The fact is that the advocates were on strike justifiably or otherwise. Why should the Court embark on the reason for the str .....

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