Juvenile Dinesh Kumar (Minor) vs. U. T. State, Chandigarh

Court:Supreme Court of India
Judge:Hon'ble R.P. Sethi
Case Status:Disposed
Order Date:6 May 2002
CNR:SCIN010191842001

AI Summary

In a significant procedural decision, the Supreme Court of India has rejected the Special Leave Petition filed by a minor, Juvenile Dinesh Kumar, challenging an order from the High Court of Punjab & Haryana. This dismissal means the petitioner's attempt to appeal the High Court's judgment at the apex court has been unsuccessful, underscoring the high bar for seeking leave to appeal.

Ratio Decidendi:
The grounds presented by the petitioner for seeking permission to file a Special Leave Petition were not deemed sufficient by the Supreme Court to warrant granting such permission in this specific criminal matter.

Case Identifiers

Primary Case No:3570/2002
Case Type:Special Leave Petition (Criminal)
Case Sub-Type:SLP - Juvenile Criminal Matter
Secondary Case Numbers:SLP(Crl.).../2002, 19184/2001, SCIN010191842001
Order Date:2002-05-06
Filing Year:2001
Court:SUPREME COURT OF INDIA
Bench:Division Bench
Judges:Hon'ble R. P. Sethi, Hon'ble K. G. Balakrishnan

Petitioner's Counsel

K. M. S. Bedi
Advocate - Appeared

eCourtsIndia AITM

Brief Facts Summary

A Special Leave Petition (Criminal) was initiated by Juvenile Dinesh Kumar, a minor, challenging a judgment and order dated August 30, 2001, passed by the High Court of Punjab & Haryana in Criminal Revision Application No. 957/1999. The petition sought permission to file the SLP and for an ex-parte stay. On May 6, 2002, the Supreme Court heard the matter and rejected the permission to file the special leave petition.

Timeline of Events

1999

Criminal Revision Application No. 957/1999 filed in High Court of Punjab & Haryana.

2001-08-30

Judgment and order passed by the High Court of Punjab & Haryana in CRLR 957/99.

2001-10-31

Special Leave Petition (Criminal) filed in the Supreme Court.

2002-04-08

Special Leave Petition (Criminal) registered in the Supreme Court.

2002-05-06

Supreme Court heard the petition for permission to file SLP and ex-parte stay.

Primary Legal Issues

1.Whether permission to file a Special Leave Petition (Criminal) should be granted

Petitioner's Arguments

The petitioner sought permission from the Supreme Court to file a Special Leave Petition (Criminal) against the impugned High Court order and also requested an ex-parte stay.

Respondent's Arguments

No arguments for the respondent side are recorded as the matter was at the stage of permission to file SLP and was summarily rejected.

Court's Reasoning

The Court's reasoning is not detailed in the order, which merely states, "Permission to file special leave petition is rejected." This indicates that the Bench found no sufficient grounds or exceptional circumstances to grant leave to appeal.

Judicial Philosophy Indicators:
  • Strict Adherence to Procedure
Order Nature:Procedural
Disposition Status:Disposed
Disposition Outcome:Dismissed

Impugned Orders

HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Case: CRLR 957/99
Date: 2001-08-30

Specific Directions

  1. 1.Permission to file special leave petition is rejected.

Precedential Assessment

Non-Binding (Procedural)

This order is a procedural rejection of permission to file a Special Leave Petition and does not lay down any substantive principle of law, therefore having no precedential value.

Tips for Legal Practice

1.Advocates must carefully assess the 'special leave' grounds under Article 136 of the Constitution before seeking permission to file an SLP, especially in criminal matters.
2.The Supreme Court exercises its discretionary power under Article 136 judiciously, and a mere dissatisfaction with a High Court order is insufficient for obtaining leave.

Legal Tags

Special Leave Petition permission rejectionSupreme Court criminal appeal procedureJuvenile justice system appellate review IndiaHigh Court judgment challenge processAppellate jurisdiction Supreme Court criminal cases

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:

8 Apr 2002

Original Order Copy

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Order Text

SLP(Crl.)... 3570 OF 2002 ITEM No.24 Court No.11 SECTION IIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Crl. Miscellaneous Petition No. 3570/2002 in & Petition(s) for Special Leave to Appeal(Crl.).../2002 (From the judgement and order dated 30/08/2001 in CRLR 957/99 of The HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH) JUVENILE DINESH KUMAR (MINOR) Petitioner (s) VERSUS U.T. STATE, CHANDIGARH Respondent (s) ( for permission to file SLP and ex-Parte stay ) Date : 06/05/2002 This Petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE R.P. SETHI HON'BLE MR. JUSTICE K.G. BALAKRISHNAN For Petitioner (s)0 Mr.K.M.S.Bedi, Adv. For Respondent (s) UPON hearing counsel the Court made the following O R D E R ........L.......I.......T.......T.......T.......T.......T.......T.....J. .SP2 Permission to file special leave petition is rejected. .SP1 Anita (V.P. Tyagi) Court Master

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