Vinod Kumar, Ias vs. Union Of India
AI Summary
Get an AI-powered analysis of this court order
Order Issued After Hearing
Purpose:
FRESH
Before:
Hon'ble Hon'Ble The Chief Justice, Hon'ble Indira Banerjee, Hon'ble Ajay Rastogi
Stage:
FRESH (FOR ADMISSION) - CRIMINAL CASES
Remarks:
Disposed off
Listed On:
29 Jun 2021
In:
Judge
Category:
UNKNOWN
Original Order Copy
Get a certified copy of this order
Order Text
<pre>Writ Petition(s)(Criminal) No(s). 255/2021</pre>SUPREME COURT OF INDIA RECORD OF PROCEEDINGS
VINOD KUMAR, IAS
Petitioner(s)
Respondent(s)
VERSUS
UNION OF INDIA & ORS.
(FOR ADMISSION and I.R. and IA No.68106/2021-STAY APPLICATION and IA No.68109/2021-EXEMPTION FROM FILING O.T. and IA No.68108/2021-PERMISSION TO FILE LENGTHY LIST OF DATES and IA No.68112/2021-APPLICATION FOR EXEMPTION FROM FILING ORIGINAL VAKALATNAMA/OTHER DOCUMENT )
Date: 29-06-2021 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE UDAY UMESH LALIT HON'BLE MS. JUSTICE INDIRA BANERJEE HON'BLE MR. JUSTICE AJAY RASTOGI
| For Petitioner(s) | Ms. Sonia Mathur, Sr. Adv. | |
|---|---|---|
| Mr. Sachin Sharma, AOR | ||
| Mr. Sushil Kumar Duber Adv. | ||
| Mr. Vidishi Kumar Adv | ||
| Mr. Noor Rampal, Adv. | ||
| Mr. Puneet Pathak, Adv. |
For Respondent(s)
UPON hearing the counsel the Court made the following O R D E R
This petition filed under Article 32 of the Constitution seeks quashing of Criminal complaints/FIRs mentioned in Annexure P-3. Annexure P-3 in turn refers to 28 cases filed or initiated The Next The petitioner including cases listed at Sl. Nos. 12 and 24<br>and signed by<br>Many 22<br>Xi 032-407 02 12.47.0918<br>ReeseWHere conviction was recorded against the petitioner on 24.09.2018 and 10.08.2018 respectively.
In the facts and circumstances of the case, we see no reason
to entertain this petition under Article 32. The petitioner, if so advised, can always file appropriate applications under the Code of Criminal Procedure ("The Code", for short) seeking quashing of the individual criminal cases or complaints.
At this stage, Ms. Sonia Mathur, learned Senior Advocate submits that the petitioner had approached the High Court on earlier occasions filing applications under Section 482 of the Code which were later withdrawn.
The law on point as held by this Court in "Superintendent and Remembrancer of Legal Affairs, West Bengal Vs. Mohan Singh & Ors." reported in SCC (1975) 3 706 is clear that dismissal of an earlier 482 petition does not bar filing of subsequent petition under Section 482, in case the facts so justify.
Needless to say that as and when any appropriate application under the Code is preferred by the petitioner, the same shall be dealt with purely on its own merits without being influenced by the dismissal of the instant writ petition.
Pending applications, if any, shall stand disposed of.
(SWETA BALODI) (VIRENDER SINGH) COURT MASTER BRANCH OFFICER