Muthuvel Palani. M vs. The Director (Cbi) Office Of The Central Bureau Investigation

Court:Supreme Court of India
Judge:Hon'ble A.K. Sikri, Ashok Bhushan
Case Status:Disposed
Order Date:9 Apr 2018
CNR:SCIN010401472017

AI Summary

The Supreme Court dismissed a Special Leave Petition (Criminal) filed by Muthuvel Palani M. The case was dismissed because the petitioner, who was appearing in person, failed to appear before the Court on two occasions despite the matter being called for hearing. This procedural dismissal highlights the critical importance of party presence in court.

Ratio Decidendi:
A Special Leave Petition (Criminal) is liable to be dismissed for want of prosecution if the petitioner, especially one appearing in person, fails to appear before the Court on multiple occasions when the matter is called for hearing.

Case Identifiers

Primary Case No:9998/2017
Case Type:Special Leave Petition (Criminal)
Case Sub-Type:SLP - Criminal Matter
Secondary Case Numbers:40147/2017, SCIN010401472017
Order Date:2018-04-09
Filing Year:2017
Court:Supreme Court Of India
Bench:Division Bench
Judges:Hon'ble The Chief Justice, Hon'ble A.M. Khanwilkar, Hon'ble D.Y. Chandrachud

Petitioner's Counsel

Muthuvel Palani M
Petitioner-in-person - Not Present

eCourtsIndia AITM

Brief Facts Summary

Muthuvel Palani M filed a Special Leave Petition (Criminal) No. 9998/2017 in the Supreme Court, challenging a final judgment and order dated November 8, 2017, issued by the High Court of Delhi in WPCRL No. 3100/2017. The case was listed for hearing on April 9, 2018. The petitioner, appearing in person, failed to appear before the Court on two occasions when the matter was called. Consequently, the Supreme Court dismissed the petition for want of prosecution.

Timeline of Events

2017-11-08

High Court of Delhi passed impugned final judgment and order in WPCRL No. 3100/2017.

2017-12-08

Special Leave Petition (Crl.) filed in Supreme Court.

2017-12-14

Special Leave Petition (Crl.) registered in Supreme Court.

2018-01-11

First hearing date in Supreme Court.

2018-04-09

Special Leave Petition (Crl.) called for hearing; petitioner failed to appear on two occasions.

2018-04-09

Supreme Court dismissed the special leave petition for want of prosecution.

Key Factual Findings

The petitioner, Muthuvel Palani M, who was appearing in person, failed to appear before the Court when the matter was called on the first occasion.

Source: Current Court Finding

The petitioner also failed to appear on the second occasion when the matter was called.

Source: Current Court Finding

Primary Legal Issues

1.Whether the Special Leave Petition should be dismissed for non-prosecution due to the petitioner's absence.

Court's Reasoning

The court's decision to dismiss the special leave petition was based solely on the non-appearance of the petitioner, Muthuvel Palani M, who was appearing in person. The court noted that no one appeared when the matter was called for hearing on the first occasion, and again on the second occasion, leading to the dismissal for want of prosecution.

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

Impugned Orders

High Court Of Delhi At New Delhi
Case: WPCRL No. 3100/2017
Date: 2017-11-08

Precedential Assessment

Non-Binding (Procedural)

The order is a procedural dismissal for non-prosecution, not addressing any substantive legal issue, and therefore has no precedential value on points of law.

Tips for Legal Practice

1.Advocates must ensure their or their client's presence, particularly in 'in-person' matters, to avoid dismissal for non-prosecution.
2.Timely communication and coordination with clients appearing in person are crucial to prevent procedural setbacks.
3.Be aware that repeated absence can lead to swift dismissal even in the Supreme Court, irrespective of the merits of the underlying case.

Legal Tags

Supreme Court procedural dismissal special leave petitionConsequences of petitioner non-appearance in courtWant of prosecution dismissal for criminal mattersPetitioner-in-person responsibility for court attendanceDisposal of SLP (Crl) due to absence of party

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.

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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.9998/2017

(Arising out of impugned final judgment and order dated 08-11-2017 in WPCRL No. 3100/2017 passed by the High Court of Delhi at New Delhi)

MUTHUVEL PALANI.M Petitioner(s)

VERSUS

THE DIRECTOR (CBI) Respondent(s)

(With appln.(s) for amendment, de-tag the petition, exemption from filing c/c of the impugned judgment and permission to appear and argue in person)

Date : 09-04-2018 These matters were called on for hearing today.

CORAM :

HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE DR. JUSTICE D.Y. CHANDRACHUD

For Petitioner(s)

Petitioner-in-person (N/P)

For Respondent(s)

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

On the first occasion when the matter was called, no one has appeared. None has appeared on the second occasion.

The special leave petition is dismissed for want of prosecution.

(Chetan Kumar) (H.S. Parasher) Court Master Assistant Registrar