High court can’t decide a case when the advocate of accused was not present.
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Table of Contents
Cases Covered:
Chandra Pratap Singh, Vs State of M.P
Facts of the cases:
In a recent judgment the honorable Supreme court rejected a decision by High court without the presence of advocate of accused.
Observation & Judgement of the Court:
The case was of a murder. There were multiple accused. The prime witness told the court about stopping the victim. But in high court the advocate of accused was not present. The court decided in absence of advocate.
The SC told the high court that their decision is illegal. In this case if the advocate was not available with the accused the high court was required to arrange an advocate for them. Thus the decision was dismissed and set aside.
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