Krishnendu Das vs. State Of West Bengal

Court:Supreme Court of India
Judge:Hon'ble Hon'Ble The Chief Justice Ranjan Gogoi
Case Status:Disposed
Order Date:7 Dec 2016
CNR:SCIN010328422016

AI Summary

The Supreme Court dismissed a criminal Special Leave Petition challenging a Calcutta High Court order, finding no legal and valid grounds for interference. This means the High Court's decision stands, and the petitioner's challenge at the apex court has concluded.

Ratio Decidendi:
The Supreme Court will dismiss a Special Leave Petition if, after hearing counsel and perusing the material, it finds no legal and valid grounds for interfering with the impugned order.

Case Identifiers

Primary Case No:9285/2016
Case Type:Special Leave Petition (Criminal)
Case Sub-Type:SLP - Criminal Matter
Secondary Case Numbers:32842/2016, CRR No. 2801/2016
Order Date:2016-12-07
Filing Year:2016
Court:Supreme Court of India
Bench:Division Bench
Judges:Hon'ble Ranjan Gogoi, Hon'ble N.V. Ramana

Petitioner's Counsel

Sayuj Kumar Banerjee
Advocate - Appeared
Ashwarya Sinha
Advocate - Appeared

eCourtsIndia AITM

Brief Facts Summary

Krishnendu Das filed a Special Leave Petition (Criminal) before the Supreme Court, challenging a final judgment and order passed by the High Court of Calcutta on September 5, 2016, in CRR No. 2801/2016. The Supreme Court heard the petitioner's counsel, granted permission to file additional documents, but ultimately found no legal and valid grounds to interfere, leading to the dismissal of the Special Leave Petition.

Timeline of Events

2016-09-05

High Court of Calcutta passed final judgment and order in CRR No. 2801/2016.

2016-09-27

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

2016-11-28

Special Leave Petition (Criminal) No. 9285/2016 registered in the Supreme Court.

2016-12-07

Supreme Court heard the petition, granted permission for additional documents, and dismissed the Special Leave Petition.

Key Factual Findings

There are no legal and valid grounds for interference in the impugned order passed by the High Court of Calcutta.

Source: Current Court Finding

Primary Legal Issues

1.Whether there were legal and valid grounds for the Supreme Court to interfere with the Calcutta High Court's criminal judgment under its special leave jurisdiction (Article 136 of the Constitution).

Questions of Law

Are there any legal and valid grounds for interference in the impugned order?

Statutes Applied

Constitution of India
Article 136
Jurisdiction of Supreme Court to grant special leave to appeal; power was not exercised as no grounds for interference were found.

Petitioner's Arguments

The petitioner's counsel was heard, implying arguments were presented challenging the impugned High Court order and seeking the Supreme Court's intervention by demonstrating legal and valid grounds for special leave to appeal.

Respondent's Arguments

While counsel for the respondents were present, the order does not detail their specific arguments. It is inferred they would have argued for the upholding of the High Court's order and against the Supreme Court's interference.

Court's Reasoning

The Supreme Court, after hearing the learned counsel for the petitioner and perusing the relevant material, concluded that it did not find any 'legal and valid ground for interference.' This indicates that the petitioner failed to satisfy the Court that the impugned High Court order warranted the exercise of the Supreme Court's extraordinary jurisdiction under Article 136.

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

Impugned Orders

High Court of Calcutta
Case: CRR No. 2801/2016
Date: 2016-09-05

Specific Directions

  1. 1.Permission to file additional documents is granted.
  2. 2.The Special Leave Petition is dismissed.

Precedential Assessment

Non-Binding (Procedural)

This order is a summary dismissal of a Special Leave Petition, reiterating the Supreme Court's discretionary power under Article 136. It does not lay down any new legal principle or provide detailed reasoning, thus holding very limited precedential value.

Tips for Legal Practice

1.The Supreme Court exercises its extraordinary jurisdiction under Article 136 sparingly, requiring clear 'legal and valid grounds' for interference, not merely a disagreement with the lower court's findings.
2.When filing a Special Leave Petition, particularly in criminal matters, it is crucial to demonstrate a substantial question of law or a patent miscarriage of justice, as routine dismissals are common when these elements are absent.
3.A summary dismissal without detailed reasoning generally indicates that the petitioner failed to cross the threshold for the Supreme Court's intervention, reinforcing the finality of High Court judgments in such cases.

Legal Tags

Special Leave Petition (Criminal) dismissal Supreme CourtArticle 136 jurisdiction of Supreme CourtInterference with High Court criminal judgmentAbsence of legal grounds for judicial interventionSupreme Court discretionary power under Article 136Upholding of High Court of Calcutta orderRecord of proceedings in criminal appealsScope of SLP in criminal casesSupreme Court decision on Calcutta High Court CRRCriteria for special leave to appeal criminal

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:

28 Nov 2016

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). 9285/2016 (ARISING OUT OF IMPUGNED FINAL JUDGMENT AND ORDER DATED 05/09/2016 IN CRR NO. 2801/2016 PASSED BY THE HIGH COURT OF CALCUTTA)

KRISHNENDU DAS PETITIONER(S)

VERSUS

STATE OF WEST BENGAL AND ANR. RESPONDENT(S) (WITH APPLN. (S) FOR PERMISSION TO FILE ADDITIONAL DOCUMENTS AND INTERIM RELIEF AND OFFICE REPORT)

Date : 07/12/2016 This petition was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE RANJAN GOGOI HON'BLE MR. JUSTICE N.V. RAMANA

For Petitioner(s) Mr. Sayuj Kumar Banerjee, Adv. Mr. Ashwarya Sinha, Adv.

For Respondent(s)

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

Heard the learned counsel for the petitioner and

perused the relevant material.

Permission to file additional documents is granted.

We do not find any legal and valid ground for

interference. The Special Leave Petition is dismissed.

[VINOD LAKHINA] COURT MASTER

[ASHA SONI] COURT MASTER