PREM KUMAR vs HIGH COURT OF DELHI TH. R.G. . — Crl.A. No. 519/2004

Case under Section II-D. Status: DISPOSED.

CNR: SCIN010171682003

DISPOSED

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

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Acts & Sections

Section II-D

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

View Full Judgment
casestatus.in Summary

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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