Pratap vs. State Of Madhya Pradesh

Court:Supreme Court of India
Judge:Hon'ble P. Sathasivam
Case Status:Disposed
Order Date:4 May 2010
CNR:SCIN010037542010

AI Summary

In a significant procedural development, the Supreme Court Registrar allowed the Special Leave Petition (Criminal) to proceed by condoning a minor delay in its refiling. This decision ensures that the petitioners can continue to challenge the High Court's judgment, keeping their legal avenues open in a case originating from a 1995 criminal appeal.

Ratio Decidendi:
A minor delay (11 days) in refiling a Special Leave Petition (Criminal) can be condoned by the Registrar, enabling the main petition to be heard.

Case Identifiers

Primary Case No:4999/2010
Case Type:Special Leave Petition (Criminal)
Case Sub-Type:SLP - Criminal Appeal
Secondary Case Numbers:CRLMP.NO(s). 5913, 3754/2010
Order Date:2010-05-04
Filing Year:2010
Court:SUPREME COURT OF INDIA
Bench:Registrar Court
Judges:Hon'ble S.G. Shah

Petitioner's Counsel

Abdul Karim Ansari
Advocate - Appeared
Yusuf Khan
Advocate - Appeared
Bharat Bhushan
Advocate - Appeared
Pratibha Jain
Advocate - Appeared
Sushil Kumar Jain
Advocate - Appeared
Eshita Baruah
Advocate - Appeared

Advocates on Record

Sushil Kumar Jain

eCourtsIndia AITM

Brief Facts Summary

The petitioners, Radhu and Ors., sought to file a Special Leave Petition (Criminal) in the Supreme Court against a High Court of Madhya Pradesh judgment dated November 3, 2009, which arose from a Criminal Appeal (CRLA No. 183/1995). There was a delay of 11 days in refiling the SLP, for which an application for condonation was filed.

Timeline of Events

1995

Criminal Appeal No. 183/1995 filed in High Court of M.P. at Indore.

2009-11-03

Judgment and order passed by High Court of M.P. at Indore in CRLA No. 183/1995.

2010-02-03

Special Leave Petition (Crl) filed in Supreme Court.

2010-05-04

Supreme Court Registrar condoned 11 days delay in refiling SLP.

Key Factual Findings

There was a delay of 11 days in refiling the Special Leave Petition (Criminal).

Source: Current Court Finding

Primary Legal Issues

1.Condonation of delay in refiling a Special Leave Petition (Criminal)

Petitioner's Arguments

Petitioners sought condonation of delay of 11 days in refiling their Special Leave Petition (Criminal), likely providing reasons for the delay.

Respondent's Arguments

No arguments were presented by the respondent side regarding the condonation of delay.

Court's Reasoning

The Registrar considered the application for condonation of delay in refiling the Special Leave Petition and decided to condone the delay of 11 days, allowing the petition to proceed.

Judicial Philosophy Indicators:
  • Procedural Flexibility in Minor Delays
Order Nature:Procedural
Disposition Status:Disposed
Disposition Outcome:Allowed

Impugned Orders

High Court of M.P. at Indore
Case: CRLA No. 183/1995
Date: 2009-11-03

Specific Directions

  1. 1.Delay of 11 days in refiling SLP is condoned.

Precedential Assessment

Non-Binding (Procedural)

This is a procedural order by a Registrar, not a substantive ruling on law by a Bench, specifically concerning a minor delay.

Tips for Legal Practice

1.Ensure timely refiling of petitions to avoid procedural hurdles like condonation applications.
2.Even minor delays require formal applications and justification before the Registrar.
3.Registrar courts have the authority to condone minor procedural delays in specific circumstances.

Legal Tags

Condonation of Delay in Refiling Special Leave PetitionSupreme Court Registrar Powers Procedural OrderSLP Criminal Case Admissibility ProcedureEffect of Delay on Appeals Indian Legal SystemHigh Court Criminal Appeal Challenged in Supreme Court

Disclaimer: eCourtsIndia (ECI) is not a lawyer and this analysis is generated by ECI AI, it might make mistakes. This is not a legal advice. Please consult with a qualified legal professional for matters requiring legal expertise.

Order Issued After Hearing

Purpose:

Case Registered

Listed On:

16 Mar 2010

Original Order Copy

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Order Text

ITEM NO.9 REGISTRAR COURT.1 SECTION IIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR S.G. SHAH Petition(s) for Special Leave to Appeal (Crl)... 2010 CRLMP.NO(s). 5913 (From the judgement and order dated 03/11/2009 in CRLA No. 183/1995 of The HIGH COURT OF M.P AT INDORE) RADHU AND ORS. Petitioner(s) VERSUS STATE OF MADHYA PRADESH Respondent(s) (With appln(s) for c/delay in refiling SLP) Date: 04/05/2010 This Petition was called on for hearing today. For Petitioner(s) Mr. Abdul Karim Ansari, Adv. Mr. Yusuf Khan, Adv. Mr. Bharat Bhushan, Adv. Ms. Pratibha Jain, Adv. Mr. Sushil Kumar Jain,Adv. Ms. Eshita Baruah, Adv. For Respondent(s) UPON hearing counsel the Court made the following O R D E R Delay of 11 days in refiling SLP is condoned.

(S.G.SHAH) Registrar

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