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:19 Mar 2025
CNR:SCIN010284152023

AI Summary

The Supreme Court of India has dismissed a Special Leave Petition (Criminal) by Harisharan Dwivedi & Ors., upholding the High Court of Chhattisgarh's order. This final decision, rendered by a Division Bench, concludes the petitioners' challenge, finding no valid grounds to intervene in the impugned judgment. This order provides closure to a significant legal battle for the involved parties.

Ratio Decidendi:
The Supreme Court will not interfere with an order passed by a High Court in a Special Leave Petition (Criminal) if, upon perusal of the record, no 'good reason' is found to warrant such interference, thereby affirming the High Court's decision.

Case Identifiers

Primary Case No:9160/2023
Case Type:Special Leave Petition (Crl.)
Case Sub-Type:SLP - Criminal Appeal
Secondary Case Numbers:28415/2023, 147027/2023
Order Date:2025-03-19
Filing Year:2023
Court:SUPREME COURT OF INDIA
Bench:Division Bench
Judges:Hon'ble Manoj Misra, Hon'ble K.V. Viswanathan

Petitioner's Counsel

Sameer Shrivastava
AOR - Appeared
Palak Mathur
Advocate - Appeared
Priyanka Shrivastava
Advocate - Appeared

Respondent's Counsel

Rajat Nair
A.A.G. - Appeared
Sugandha Jha
Advocate - Appeared
Alok Dubey
Advocate - Appeared
Prabodh Kumar
AOR - Appeared

Advocates on Record

Sameer Shrivastava
Prabodh Kumar

eCourtsIndia AITM

Brief Facts Summary

Harisharan Dwivedi & Ors. filed Special Leave Petition (Crl.) No. 9160/2023 challenging the final judgment and order dated July 6, 2023, passed by the High Court of Chhattisgarh at Bilaspur in WPCR No. 718/2021. The Supreme Court considered the matter and ultimately dismissed the Special Leave Petition, declining to interfere with the High Court's order.

Timeline of Events

2021

WPCR-718-2021 filed in the High Court of Chhattisgarh (inferred from case number).

2023-07-06

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

2023-07-18

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

2023-07-31

SLP registered and Interlocutory Application (IA) No. 147027/2023 (Exemption From Filing O.T.) filed.

2023-08-04

First hearing date in the Supreme Court.

2025-03-19

Supreme Court dismisses the Special Leave Petition.

Key Factual Findings

The Court does not find any good reason to interfere with the order passed by the High Court.

Source: Current Court Finding

Primary Legal Issues

1.Whether the High Court of Chhattisgarh's order in WPCR No. 718/2021 warrants interference by the Supreme Court in the exercise of its discretionary power under Article 136 of the Constitution of India.

Petitioner's Arguments

The petitioners, by filing the Special Leave Petition, implicitly argued that the High Court's order dated 2023-07-06 was erroneous, illegal, or unjust, and therefore warranted the Supreme Court's intervention to correct a miscarriage of justice or to clarify a point of law.

Respondent's Arguments

The respondents would have implicitly argued that the High Court's order was well-reasoned and legally sound, and that there were no 'good reasons' for the Supreme Court to exercise its extraordinary jurisdiction under Article 136 to interfere with it.

Court's Reasoning

The Supreme Court, after 'perusing the record,' determined that it did 'not find any good reason to interfere with the order passed by the High Court.' This indicates that the petitioners failed to demonstrate a substantial question of law, an egregious error, or a grave injustice that would compel the apex court to exercise its discretionary appellate powers.

Judicial Philosophy Indicators:
  • Judicial Restraint
  • Strict Adherence to Discretionary Power (Article 136)
Order Nature:Final
Disposition Status:Disposed
Disposition Outcome:Dismissed

Impugned Orders

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

Specific Directions

  1. 1.The Special Leave Petition is dismissed.
  2. 2.Pending application(s), if any, shall stand disposed of.

Precedential Assessment

Non-Binding (Procedural)

This order is a summary dismissal of a Special Leave Petition without detailed discussion of substantive legal principles. It reiterates the Supreme Court's discretionary power under Article 136 and serves as an example of its reluctance to interfere in High Court orders unless compelling reasons are presented, but does not establish new legal precedent.

Tips for Legal Practice

1.Advocates should meticulously demonstrate substantial legal error or grave injustice to warrant Supreme Court intervention in SLPs, as routine dismissals are common.
2.A dismissal 'without good reason' implies that the arguments presented were insufficient to persuade the Court to exercise its extraordinary jurisdiction under Article 136.
3.Litigants must be prepared for the finality of High Court orders, as the Supreme Court does not act as a regular court of appeal for all matters.

Legal Tags

Supreme Court Criminal Appeal DismissalSpecial Leave Petition Article 136 GroundsChhattisgarh High Court Order AffirmedAppellate Jurisdiction Supreme Court IndiaProcedural Order Finality High 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:

After Week/Month/Vacation

Before:

Hon'ble Manoj Misra, Hon'ble K.V. Viswanathan

Stage:

AFTER NOTICE (FOR ADMISSION) - CRIMINAL CASES

Remarks:

Dismissed

Listed On:

19 Mar 2025

In:

Judge

Category:

UNKNOWN

Interlocutory Applications:

147027/2023,

Original Order Copy

Get a certified copy of this order

Download True Copy

Order Text

ITEM NO.10

COURT NO.17

SUPREME COURT OF INDIA 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 <pre>Bilaspurl</pre>

HARISHARAN DWIVEDI & ORS.

PETITIONER(S)

VERSUS

THE STATE OF CHHATTISGARH & ORS.

$$

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

Date: 19-03-2025 This matter was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE MANOJ MISRA HON'BLE MR. JUSTICE K.V. VISWANATHAN

For Petitioner(s) :

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

For Respondent(s): Mr. Rajat Nair, A.A.G. Mr. Sugandha Jha, Adv. Mr. Alok Dubey, Adv. Mr. Prabodh Kumar, AOR

Upon hearing the counsel the Court made the following ORDER

Having perused the record, we do not find any good reason to 1. interfere with the order passed by the High Court.

$2.$ Accordingly, the Special Leave Petition is dismissed.

3. Pending application(s), if any, shall stand disposed of.

Signature Not Verified $\mathbb{G}$ . NAVEEN) COURT MASTER (SH)

(ANU BHALLA) COURT MASTER (NSH)

Share This Order

Case History of Orders

Order(4) - 19 Mar 2025

ROP - of Main Case

Viewing

Order(3) - 21 Jan 2025

ROP - of Main Case

Click to view

Order(2) - 10 Dec 2024

ROP - of Main Case

Click to view

Order(1) - 4 Nov 2024

ROP - of Main Case

Click to view
Similar Case Search