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2016 Supreme(SC) 1112

DIPAK MISRA, ROHINTON FALI NARIMAN
Rahul Gandhi – Appellant
Versus
Rajesh Mahadev Kunte – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Kapil Sibal, Mr. H.P. Raval, Ms. Mahalakshmi Pavani, Mr. Santosh Krishnan, Ms. Taranum Cheema, Mr. Santosh Krishnan
For the Respondents: Mr. U.R. Lalit, Mr. M.N. Krishnamani, Mr. Merusagar Samantaray, Mr. Anand, Mr. Ganesh Dhargalkar, Mr. Bhakti Vardan, Mr. D.B. Goswami, Mr. Mehul Sharma, Mr. D. Bharat Kumar, Mr. Bhaskar Goutam, Ms. Viddusshi, Mr. Lhingneirah, Mr. Vikram Jit Banerjee, Mr. Mahaling Pandarge, Mr. Nishant Ramakantrao Katneshwarkar, Mr. Prakash Gautam

ORDER :

Heard Mr. Kapil Sibal, learned senior counsel for the petitioner and Mr. U.R. Lalit and Mr. M.N. Krishnamani, learned senior counsel along with Mr. Anand and Mr. Merusagar, learned counsel for the respondents.

2. The petitioner had preferred Writ Petition No. 64 of 2015 invoking the jurisdiction of this Court under Article 32 of the Constitution of India challenging the constitutional validity of Sections 499 and 500 of the Indian Penal Code. The said petition was heard along with batch of matters and has been decided vide judgment in Subramanian Swamy vs. Union of India, Ministry of Law and Ors. [(2016) 7 SCC 221]. Be it noted, when the writ petition was pending in this Court, there was stay of further proceedings of OMA No.353 of 2014 pending before the learned 3rd Judicial Magistrate, First Class, Bhiwandi. It is apt to note here that after cognizance was taken and summons were issued to the petitioner, he preferred Criminal Writ Petition No.4960 before the High Court of Bombay for quashment of the proceedings as well as the order issuing summons. The learned Single Judge vide order dated 10.03.2015, after adverting to certain aspects and the law did not think it appropria





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