Please guide me what to do?
yogesh
(Querist) 09 August 2016
This query is : Resolved
Please guide me what to do?
1 I have filed the 340 Crpc (M.A) application in Central administrative Tribunal along with Original Petition ( O.A) which was dismissed vide same common order
2 I filed the Criminal Appeal( CRL.A) before the High Court under 341 Cr.P.C which was heard 2-3 times by Single Judge and I was directed to file the written submissions. Simulatenously, I filed the Writ Petition against the Main Order of C.A.T which was dismissed by the Divisional Bench of High Court
3 I filed the S.L.P aginst the High Court order which is pending and will list on next month
4 Meanwhile, the roster of the Single Judge, who has been hearing my CRL.A under 341 Cr.P.C has been changed and today, the new Judge without considering the proceedings of the prevsious Single Judge, has asked me that he will dismiss my CRL.A with heavy costs. I afraid, of being penalized , withdraw my Appeal
Now, in the view of the above, what remedies are available for me, as I have withdrew Appeal from the High Court
Devajyoti Barman
(Expert) 10 August 2016
Seek opinion of your present lawyer.
Younhave many cases pending.So your present lawyer cna guide your proelrly.
Rajendra K Goyal
(Expert) 10 August 2016
All / Full case files and orders of court / tribunal need to be referred, discuss with your lawyer.
yogesh
(Querist) 10 August 2016
Thanks for advice
Ms.Usha Kapoor
(Expert) 11 August 2016
Dear Client,
Your contentions in ?Special Leave petition are the same as in High Court? You filed SLP under Art 134 or Article 136.? If it is under Article 136 of the constitution of India the Supreme court which has ample discretion and by virtue of plenary powers to prevent miscarriage of justice or to secure ends of justice may hear your case on merits and dispose of. If you've not filed article 136 SLP you file it now against the dismissal of Criminal Appeal by High Court as there is no power of review in such matters by high Court. Your only remedy lies in SLP in Supreme Court.
Ms.Usha Kapoor
(Expert) 11 August 2016
Dear Client,
Your contentions in Special Leave petition are the same as in High Court? You filed SLP under Art 134 or Article 136.? If it is under Article 136 of the constitution of India the Supreme court which has ample discretion and by virtue of plenary powers to prevent miscarriage of justice or to secure ends of justice may hear your case on merits and dispose of. If you've not filed article 136 SLP you file it now against the dismissal of Criminal Appeal by High Court as there is no power of review in such matters by high Court. Your only remedy lies in SLP in Supreme Court.
yogesh
(Querist) 11 August 2016
Thanks Usha Madam for advice
1 The Impugned order of the Central Adminsitrative Tribunal has 2 parts First relates to main cae second part of order relates to dismissal of 340 crpc appliation
2 Criminal Appeal was filed before the High Court ( Single Judge) under section 341 of Crpc against the second part of the Central Administrative Tribunal ( CAT) impugned order in which CAT Has dimissed my 340 Crpc application . The Single judge has heard my matter 3-4 times but did not issue notices
3 Writ Petition filed before the Division Bench of High Court challenging the First part of the impugned order( relates to main case) which was dismissed at the tiem of admission. Special Leave Petition( SLP) ( Civil) was filed against the order of Division Bench under Article 136 of the Constitution of India. The contentions of the SLP was same as that made in Writ Petition filed before the Division Bench High Court
4 Roster of the Single Judge, who is hearing my Criminal Appeal, has changed and new Judge of High Court says that he will going to Dismiss my Criminal Appeal with Heavy Costs . I afraid of being penalized, withdrew my Criminal Appeal .It is now “dismissed as withdrawn”.
Now in such circumstances, Can I file the Special Leave Petition SLP ( Criminal) against the order( SECOND PART) of the CAT , I have withdrew the Criminal Appeal under 341 crpc from the High Court ??
Kumar Doab
(Expert) 12 August 2016
Agreed with Expert Mr. Barman, Mr. Goyal.
Online discussion have its own limitations.
Ms.Usha Kapoor
(Expert) 12 August 2016
yOU can FILE 2nd SLP UNDER aRT 134/136 OF THE Indian Constitution against dismissal of the Criminal Appeal THAT HAS BEEN WITHDRAWN LEADING TO ITS DISMISSAL RELATING TO 2ND PART WHICH CAT also HAS DISMISSED.
yogesh
(Querist) 13 August 2016
@ Ms Usha Kapoor..Thanks for advice
I think, Supreme court will not entertain the petition as the same was "dismissed as withdrawn" from the High Court.The Supreme court will only hear the case which has been disposed on merits
The SCI will surely lambasted me by saying "Why you come before us when you have already withdrew the application from the High Court?" I surely will have no reply on this query...
I surely will the remedy under 341 crpc before the High court, which the Ld Judge has forced me to withdrew the appeal or else he would dismissed with heavy costs
That's the bitter truth
