Hc passed order while keeping applications pending
Querist :
Anonymous
(Querist) 30 June 2021
This query is : Resolved
Hello,
High court has dismissed our criminal writ petition, without considering applications filed for placing on record some important documents and taking those documents/annexures on record. Both the applications are still pending and one of them still shows a next date for hearing, even though the main matter was dismissed.
The applications contained important documents such as letters and memos of the state government explaining the rules and the law regarding the matter, to the competent authorities.
Due to the applications containing such vital information, there has been gross injustice to us while deciding the writ petition.
What should we do? Should we file an SLP in the Supreme Court asking for a direction to the High Court to hear our matter again, while considering our still pending applications and taking on record the annexed documents in the applications?
What if the Supreme Court dismisses the SLP? Would we have any legal recourse after that?
Sorry for being anonymous, but it is important.
Thank you.
kavksatyanarayana
(Expert) 30 June 2021
To form an opinion, the detailed case study with the HC orders. So consult a local lawyer/your own counsel.
P. Venu
(Expert) 01 July 2021
The facts posted are inconsistent - How there could be a Writ Petition in a criminal matter?
(This is a modified posting)
Isaac Gabriel
(Expert) 01 July 2021
Without informations 0f pending cases and the prayer in wrt petition how you expect advise ?
R.K Nanda
(Expert) 01 July 2021
You can file SLP in SC.
T. Kalaiselvan, Advocate
(Expert) 01 July 2021
You have two options i.e., either to file a review petition to review the matter by larger bench of the high court or to file a SLP before supreme court.
The supreme court is the final authority hence if dismissed by supreme court also then you cannot do anything about it.
Advocate Bhartesh goyal
(Expert) 02 July 2021
No application for review petition will be entertained in criminal proceedings except on the ground of an error apparent on face of the record. In your case H.C has dismissed your W.P without deciding the applications for taking documents on record, is apparent error on face of the record so better file review petition before H.C. instead of filing SLP before S.C.
Querist :
Anonymous
(Querist) 02 July 2021
Thank you for the replies.
The case was dismissed by a division bench in the vacations.
Considering the same and the bar in section 362 of CRPC against reviewing the orders, can we still file a review petition or application in the High Court?
Are there any judgments of the Supreme Court permitting review in criminal matters where there are errors in the face of the record, which we can cite?
N.K.Assumi
(Expert) 02 July 2021
I am of the view that the judgment sought to be reviewed and the conduct of the writ petitioner at the time of hearing of the Writ Petition, grounds are made out by the writ petitioner and, therefore, the SLP will be maintainable.
Advocate Bhartesh goyal
(Expert) 02 July 2021
You may cite Judgment of S.C titled as Rajendra Khare vs Swati Nirakhi & others
Review Petition ( criminal ) No 671/2018 decided on 28-01-2021.
Querist :
Anonymous
(Querist) 02 July 2021
The above mentioned judgement of the Supreme Court seems to be dealing with the review powers of the Supreme Court, under Article 137 of the Constitution.
Does a similar judgement exist for the High Courts, so we can file review application/petition where there are errors in the face of the record?
Dr J C Vashista
(Expert) 02 July 2021
All courts have power to review its order / judgment / decree in terms of Article 137 of the Constitution (in Supreme Court) and/ or Order XLVII CPC. However, generally review is dismissed until there is some error apparent or gross error of law or facts. However, in the instant case review is not the remedy.
If the writ under Article 226 of Constitution has been dismissed by High Court on merit, special leave to appeal under Article 136 of Constitution can be filed
P. Venu
(Expert) 02 July 2021
However, how there could be a Writ Petition in a criminal matter?
