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Mangilal Versus State Of M.P

1994 (4) TMI 393 - SUPREME COURT

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 year each under Section 147 of the Indian Penal Code, rigorous imprisonment for 5 years and .....

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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 have gone into the question as to what prompted the advocates to go on strike. On the contrary .....

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pprised 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 memorandum and requested for transfer of the Chief Justice of this High Court to some other High Cou .....

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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 -that the strike has been called off on 13-9-1993 and a decision has been taken to boycott ap .....

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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 Court in Ram Naresh Yadav v. State of Bihar AIR 1987 SC 1500: 1987 Cri LJ 1856: 1986 PL JR 5 .....

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nd 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 strike which was not the issue before it? Therefore, all the observations which we have quoted .....

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