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:21 Jan 2025
CNR:SCIN010284152023

AI Summary

The Supreme Court has adjourned a Special Leave Petition (Criminal) challenging a Chhattisgarh High Court order. This procedural delay allows for a pending application before a lower court to be decided, indicating ongoing complexities in the criminal proceedings involving Harisharan Dwivedi and the State of Chhattisgarh.

Case Identifiers

Primary Case No:9160/2023
Case Type:Special Leave Petition (Criminal)
Case Sub-Type:SLP - Criminal Writ Appeal
Secondary Case Numbers:28415/2023, SCIN010284152023
Order Date:2025-01-21
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
Advocate - Appeared
Yashika Varshney
Advocate - Appeared
Palak Mathur
Advocate - Appeared
Priyanka Shrivastava
Advocate - Appeared

Respondent's Counsel

Rajat Nair
Additional Advocate General - Appeared
Sugandha Jain
Advocate - Appeared
Sandeep Malik
Advocate - Appeared
Prabodh Kumar
Advocate - Appeared

Advocates on Record

Sameer Shrivastava
Prabodh Kumar

eCourtsIndia AITM

Brief Facts Summary

A Special Leave Petition (Criminal) filed by Harisharan Dwivedi & Ors., challenging a final judgment and order dated July 6, 2023, passed by the High Court of Chhattisgarh in WPCR No. 718/2021, was listed before the Supreme Court. During the hearing, the petitioners' counsel requested an adjournment due to an application pending before the Judicial Magistrate First Class, Marwahi, Chhattisgarh, which is anticipated to be decided in early February 2025. The Supreme Court granted the adjournment.

Timeline of Events

2021

High Court of Chhattisgarh case (WPCR No. 718/2021) initiated.

2023-07-06

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

2023-07-18

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

2025-01-21

Supreme Court heard the matter; petitioners' counsel requested adjournment.

Early February 2025

Application before Judicial Magistrate First Class, Marwahi, Chhattisgarh, is expected to be decided.

Key Factual Findings

An application filed by the petitioners is pending before the Court of Judicial Magistrate First Class, Marwahi, Chhattisgarh.

Source: Current Court Finding/Recited from Petitioner Pleading

The pending application is likely to be decided in the first week of February, 2025.

Source: Current Court Finding/Recited from Petitioner Pleading

Primary Legal Issues

1.Adjournment of Special Leave Petition (Criminal) pending related proceedings in a lower court.

Secondary Legal Issues

1.Management of inter-court proceedings in a criminal matter.

Petitioner's Arguments

Counsel for the petitioners sought an adjournment stating that an application filed by the petitioners is pending before the Court of Judicial Magistrate First Class, Marwahi, Chhattisgarh, and is expected to be decided in the first week of February 2025.

Court's Reasoning

The Court noted the submission made by the learned counsel for the petitioners regarding the pending application in the lower court and consequently decided to adjourn the matter.

Judicial Philosophy Indicators:
  • Pragmatism in Litigation Management
Order Nature:Procedural
Disposition Status:Adjourned

Impugned Orders

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

Specific Directions

  1. 1.The matter stands adjourned.
  2. 2.List the matter after four weeks.

Precedential Assessment

Non-Binding (Procedural)

This is a routine procedural order granting an adjournment and does not lay down any new legal principle or interpret any statute, therefore it has no precedential value.

Tips for Legal Practice

1.Counsel should proactively inform superior courts about related proceedings in lower courts that may impact the case's progress.
2.Strategic adjournments can be sought to allow for critical developments in connected judicial forums.

Legal Tags

Supreme Court Criminal Adjournment OrderSpecial Leave Petition Procedural HearingHigh Court Criminal Judgment ChallengeInter-Court Case Synchronization IndiaPending Application Judicial Magistrate First Class

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:

After Week/Month/Vacation

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:

21 Jan 2025

In:

Judge

Category:

UNKNOWN

Interlocutory Applications:

147027/2023,

Original Order Copy

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Order Text

ITEM NO.8

COURT NO.4

SUPREME COURT OF INDIA RECORD OF PROCEEDINGS

Petition for Special Leave to Appeal (Crl.) No. 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 <pre>Bilaspurl</pre>

HARISHARAN DWIVEDI & ORS.

Petitioner(s)

Respondent(s)

VERSUS

THE STATE OF CHHATTISGARH & ORS.

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

Date: 21-01-2025 This matter was called on for hearing today.

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

For Petitioner(s):

Mr. Sameer Shrivastava, AOR Ms. Yashika Varshney, Adv. Ms. Palak Mathur, Adv. Mrs. Priyanka Shrivastava, Adv.

For Respondent(s):

Mr. Rajat Nair, AAG Ms. Sugandha Jain, Adv. Mr. Sandeep Malik, Adv. Mr. Prabodh Kumar, AOR

UPON hearing the counsel the Court made the following $0 R D E R$

Ms. Yashika Varshney, learned counsel appearing on behalf of the petitioners seeks adjournment on the ground that an application filed by the petitioners is pending and is likely to be decided in Signa the New Yerified first week of February, 2025 by the Court of Judicial Mugistrate First Class, Marwahi, Chhattisgarh.

Noting the above submission made by the learned counsel appearing on behalf of the petitioners, the matter stands adjourned.

List the matter after four weeks.

(MANISH ISSRANI) (KAMLESH RAWAT) AR-CUM-PS ASSISTANT REGISTRAR

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Case History of Orders

Order(4) - 19 Mar 2025

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Order(2) - 10 Dec 2024

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Order(1) - 4 Nov 2024

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