PREM KUMAR vs HIGH COURT OF DELHI TH. R.G. . — Crl.A. No. 519/2004
Case under Section II-D. Status: DISPOSED.
CNR: SCIN010171682003
Filing Date
21-Aug-2003
Registration No
Crl.A. No. 519/2004
Diary Number
17168/2003
Order Date
20-Nov-2013
Document Type
ROP - of Main Case
Disposal Type
Allowed
Data as of 28-Jun-2026
Acts & Sections
Petitioner(s)
PREM KUMAR
Adv. RAKESH K. SHARMA
Respondent(s)
HIGH COURT OF DELHI TH. R.G. .
Adv. ANIL KATIYAR ANNAM D. N. RAO (Dead / Retired / Elevated) BINU TAMTA
Orders
Summary: Criminal Appeal No. 519 of 2004 (Prem Kumar v. High Court of Delhi) Case Outcome: The Supreme Court allowed Prem Kumar's appeal in limited scope on November 20, 2013. While upholding the High Court's decision on merits, the Court expunged the adverse and derogatory remarks made by the High Court Judge against Prem Kumar (then Additional Sessions Judge) for dismissing an application to recall summoning orders in a Negotiable Instruments Act case. The Court found these remarks were "totally superfluous and not necessary" for deciding the petition. Key Holding: The Court clarified that while the High Court's legal conclusion was correct (the trial judge should have decided the application on merits based on the binding K.M. Mathews Supreme Court precedent), the personal attacks on the judge were unwarranted and expunged them. Next Steps: The application for intervention was dismissed; Criminal Appeal No. 520 of 2004 was listed for hearing on November 21, 2013. This case analysis is maintained by casestatus.in based on publicly available court records.
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