Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India 1950 - Article 136 - Application ~ under s.319 Cr.P.C. to implead respondents no. 3 to 9 as co- c accused in the trial of the petitioner- Trial Court allowed the application - High Court set aside the order of trial court - Special leave p |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Act(s) Referred | Constitution of India |
Case Type | Special Leave Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Dismissed |
Headnote | Constitution of India, 1950 - Article 136 - Application,under s.319 Cr.P.C. to implead respondents no. 3 to 9 as co- accused in the trial of the petitioner- Trial Court allowed the application - High Court set aside the order of trial court - Special leave petitions - Plea of petitioner that question of prejudice is not relevant in proceedings u/s.319 - Held: The question of prejudice in proceedings u/s.319 may not be relevant at the ·stage of proceedings before the trial court u/ s.319 but it is certainly relevant to proceedings under Article 136 which is discretionary jurisdiction - Article 136 is not a regular form of appeal - It is a residual provision which enables the Supreme court to interfere with any order of any court or tribunal in its discretion and in exceptional circumstances - It is not a regular forum of appeal like s. 100 or s. 96, CPC - In the instant case, the impugned judgement of High Court did not cause any prejudice to the petitioner since no observation on the merits of the case was made by the High· Court against the petitioner - Merely because the petitioner alleged that the respondent Nos. 3 to 9 were also guilty of the same crime is not relevant to interfere with the - impugned judgement u/Article 136 when no prejudice had been caused to the petitioner - Trial court directed to complete the trial uninfluenced by any observations made by the High Court - Special /eave petitions dismissed - Code of Criminal Procedure, 1973 - s.319 - Code of Civil Procedure, 1908 - ss. 96, 100. |
Judge | N/A |
Neutral Citation | 2011 INSC 71 |
Petitioner | Keshav Prasad Sharma |
Respondent | Indian Oil Corporation & Ors |
SCR | [2011] 1 S.C.R. 838 |
Judgement Date | 2011-01-25 |
Case Number | 1646 |
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