Harisharan Dwivedi vs. The State Of Chhattisgarh

Court:Supreme Court of India
Judge:Hon'ble Hrishikesh Roy, S.V.N. Bhatti
Case Status:Disposed
Order Date:4 Nov 2024
CNR:SCIN010284152023

AI Summary

The Supreme Court in this Special Leave Petition (Criminal) has granted the State of Chhattisgarh four weeks to obtain instructions, indicating ongoing legal proceedings challenging a High Court order. This case involves multiple petitioners seeking relief against the State, highlighting the procedural steps in high-stakes criminal litigation before the apex court.

Ratio Decidendi:
When counsel for a party requests reasonable time to obtain instructions in an ongoing matter, the court may grant such time.

Case Identifiers

Primary Case No:9160/2023
Case Type:Special Leave Petition (Criminal)
Case Sub-Type:SLP - Criminal Matter
Secondary Case Numbers:28415/2023, SCIN010284152023
Order Date:2024-11-04
Filing Year:2023
Court:SUPREME COURT OF INDIA
Bench:Division Bench
Judges:Hon'ble Hrishikesh Roy, Hon'ble S.V.N. Bhatti

Petitioner's Counsel

Sameer Shrivastava
AOR - Appeared
Priyanka Shrivastava
Advocate - Appeared
Sangeeta Verma
Advocate - Appeared

Respondent's Counsel

Sugandha Jain
Advocate - Appeared
Prabodh Kumar
AOR - Appeared

Advocates on Record

Sameer Shrivastava
Prabodh Kumar

eCourtsIndia AITM

Brief Facts Summary

This Special Leave Petition (Criminal) challenges a final judgment and order dated July 6, 2023, passed by the High Court of Chhattisgarh in WPCR No. 718/2021. The petitioners are Harisharan Dwivedi & Ors., and the respondents include the State of Chhattisgarh & Ors. On November 4, 2024, the Supreme Court granted the counsel for the State of Chhattisgarh four weeks to obtain instructions.

Timeline of Events

2021

WPCR No. 718/2021 filed in High Court of Chhattisgarh.

2023-07-06

High Court of Chhattisgarh passed impugned final judgment in WPCR No. 718/2021.

2023-07-31

Special Leave Petition (Crl.) No. 9160/2023 registered in Supreme Court.

2024-11-04

Supreme Court heard the matter and granted State counsel four weeks to obtain instructions.

Primary Legal Issues

1.Challenge to the High Court's final judgment in a criminal writ petition regarding the correctness of law or procedure.

Petitioner's Arguments

The arguments of the petitioner side are not detailed in this procedural order, but they are implicitly challenging the impugned High Court order.

Respondent's Arguments

The respondent's counsel, Ms. Sugandha Jain for the State of Chhattisgarh, requested four weeks' time to obtain instructions, implying they are preparing their response to the petition.

Court's Reasoning

The court granted time to the State's counsel to obtain instructions based on their request.

Judicial Philosophy Indicators:
  • Practical approach to case management
  • Emphasis on ensuring parties are prepared
Order Nature:Procedural
Disposition Status:Pending

Impugned Orders

High Court of Chhatisgarh at Bilaspur
Case: WPCR No. 718/2021
Date: 2023-07-06

Specific Directions

  1. 1.Ms. Sugandha Jain, learned counsel appearing for the State of Chhattisgarh prays for and is granted four weeks' time to obtain instruction.

Precedential Assessment

Non-Binding (Procedural)

This is a routine procedural order granting time for instructions and does not lay down any legal principle or interpret any statute.

Tips for Legal Practice

1.Counsel should be prepared to seek and justify requests for time to obtain instructions from clients.
2.Procedural requests, such as exemption from filing O.T., are typically dealt with at initial stages of SLPs.

Legal Tags

Supreme Court procedural order Special Leave Petition CriminalChhattisgarh High Court criminal judgment appeal processInterlocutory application exemption from filing Official TranslationAdvocate on Record duties in Supreme Court proceedingsState counsel seeking instructions in pending criminal matterHarisharan Dwivedi versus State of Chhattisgarh legal issues

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:

Ordinary

Before:

Hon'ble Hrishikesh Roy, Hon'ble S.V.N. Bhatti

Stage:

AFTER NOTICE (FOR ADMISSION) - CRIMINAL CASES

Remarks:

List After (Weeks) [4]

Listed On:

11 Apr 2024

In:

Judge

Category:

UNKNOWN

Interlocutory Applications:

147027/2023,

Original Order Copy

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Order Text

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (Crl.) No(s).9160/2023

(Arising out of impugned final judgment and order dated 06-07-2023 in WPCR No. 718/2021 passed by the High Court of Chhatisgarh at Bilaspur)

HARISHARAN DWIVEDI & ORS. Petitioner(s)

VERSUS

THE STATE OF CHHATTISGARH & ORS. Respondent(s)

IA No. 147027/2023 - EXEMPTION FROM FILING O.T.)

Date : 04-11-2024 This matter was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE HRISHIKESH ROY HON'BLE MR. JUSTICE S.V.N. BHATTI

For Petitioner(s)

Mr. Sameer Shrivastava, AOR Mrs. Priyanka Shrivastava, Adv. Dr. Sangeeta Verma, Adv.

For Respondent(s) Ms. Sugandha Jain, Adv. Mr. Prabodh Kumar, AOR

UPON hearing the counsel the Court made the following O R D E R

Ms. Sugandha Jain, learned counsel appearing for the State of Chhattisgarh prays for and is granted four weeks' time to obtain instruction.

(DEEPAK JOSHI) (KAMLESH RAWAT) ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR Digitally signed by Deepak Joshi Date: 2024.11.05 16:53:48 IST Reason: Signature Not Verified

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Case History of Orders

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Order(3) - 21 Jan 2025

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