Facts of the case
- The appellant had filed a complaint against the respondents which was registered as FIR at New Delhi.
- Subsequently, the charges were framed against the respondents under Sections 498-A, 304-B read with Section-34 and Section 302 of the IPC.
- Eventually the accused respondents were tried and acquitted vide Judgment and Order passed by Additional Sessions Judge.
- Being aggrieved by the Judgment and Order, the appellant preferred a revision petition before the High Court. The same was dismissed by final Judgment and Order .
- Special Leave Petition was filed in the Supreme Court.
Judgment
The Hon’ble Supreme Court Stated that, “It is well settled law that a person who tries a cause should be able to deal with the matter placed before him objectively, fairly and impartially. No one can act in a judicial capacity if his previous conduct gives ground for believing that he cannot act with an open mind or impartially. The broad principle evolved by this Court is that a person, trying a cause, must not only act fairly but must be able to act above suspicion of unfairness and bias.”
The Judgment and Order of the High Court was set aside and the matter was remanded to the High Court for fresh disposal of the revision petition filed by the appellant in accordance with law.
BY: ANKIT RAJPUT