Back
2018 Supreme(SC) 524
SUPREME COURT OF INDIA
ADARSH KUMAR GOEL, ROHINTON FALI NARIMAN, JJ
NAVEEN KAUSHIK
VERSUS
CENTRAL BUREAU OF INVESTIGATION
Criminal Appeal No(s). 1393 of 2013
Crl.A. No. 1377, Crl.A. No. 1394, Crl.A. No. 1382, Crl.A. No. 1383, Crl.A. No. 1384, Crl.A. No(s).1386-1387, Crl.A. No. 1385, Crl.A. No. 1406, Crl.A. No. 1396, Crl.A. No. 1395, Crl.A. No. 1391, Crl.A. No. 1389, Crl.A. No. 1388, Crl.A. No. 1398, Crl.A. No. 1397, Crl.A. No. 1390, Crl.A. No. 1399, Crl.A. No. 1402, Crl.A. No. 1400, Crl.A. No. 1401, Crl.A. No. 1404, Crl.A. No. 1403, Crl.A. No. 1405 of 2013, Crl.A. No. 388, 234 of 2014, SLP(Crl) No(s).2610, 6835, 6834, 6837, 10050-10051, 9652-9653 of 2013, SLP(Crl) No. 678, 451, 399, 508, 970, 507, 939, 977, 709, 372, 391, 6691-6692 of 2014, SLP(Crl) No. 9363 of 2017
Decided on : 26-04-2018
The court has the discretion to allow the withdrawal of appeals and special leave petitions without prejudice to any contention to be raised before the trial court.
Headnote:
Court Order - Criminal Appeal
Fact of the Case:
The court allowed the withdrawal of multiple criminal appeals and special leave petitions without prejudice to any contention to be raised before the trial court in accordance with law.
Finding of the Court:
The court set aside an impugned order and remanded the matter to the High Court for a fresh decision, dismissed an appeal as infructuous, and allowed several appeals to be withdrawn without prejudice to any contention to be raised before the trial court.
Issues: The issues involved the disposal of multiple criminal appeals and special leave petitions.
Ratio Decidendi: The court allowed the withdrawal of appeals and special leave petitions, set aside an impugned order, remanded a matter to the High Court, and dismissed an appeal as infructuous.
Final Decision: The court allowed the withdrawal of appeals and special leave petitions, set aside an impugned order, remanded a matter to the High Court, and dismissed an appeal as infructuous.
ORDER :
1. We have heard learned counsel for the parties and perused the record.
Criminal Appeal NO(s).1393 of 2013, Criminal Appeal NO(s).1377/2013, 1383/2013, 1399/2013, 1405/2013, and SLP(Crl.)NO.6837/2013, Criminal Appeal NO.1382 of 2013,
Criminal Appeal NO. 1396 of 2013, Criminal Appeal NO(s).1389/2013, 1388/2013, 1390/2013
SLP(Crl.)NO.2610/2013, Crl.Appeal NO(s).1398/2013, SLP (Crl.) NO(s). 6835/2013, 6834/2013, Criminal Appeal NO(s).1397/2013, 1402/2013, 1401/2013, 1404/2013, 1403/2013, SLP(Crl.)NO(s).9652-53/2013, 1451/2014, 1399/2014, 2508/2014, 2970/2014, 2507/2014, 6372/2014, 6391/2014, Criminal Appeal NO(s). 1400/2013
Criminal Appeal NO(s). 388/2014, SLP (Crl.) NO(s).2939/2014, 2977/2014, 4709/2014, 6691-6692/2014,
2. The appeals and the special leave petition are allowed to be withdrawn without prejudice to any contention to be raised before the trial court in accordance with law.
3. The parties are directed to appear before the trial court for further proceedings on 21st May, 2018 or as per the scheduled date.
Criminal Appeal NO.1394/2013 :
4. In view of judgment of this Court dated 28th March, 2018 in Asian Resurfacing of Road Agency P. Ltd. And Anr. v. Central Bureau of Investigation, Criminal Appeal NO(s).1375-1376 of 2013, the impugned order is set aside and the matter is remanded to the High Court for fresh decision in accordance with law.
5. The appeal is accordingly disposed of.
6. The parties are directed to appear before the High Court on Monday, the 28th May, 2018.
Criminal Appeal NO. 1384 of 2013:
7. The appeal is dismissed as infructuous on the statement of learned counsel for the appellants.
8. The parties are directed to appear before the trial court for further proceedings on 21st May, 2018 or as per the scheduled date.
Criminal Appeal NO. 1385 of 2013:
9. The appeal is allowed to be withdrawn without prejudice to any contention to be raised before the trial court in accordance with law.
10. The parties are directed to appear before the trial court for further proceedings on 15th May, 2018.
Criminal Appeal NO. 1406 of 2013, Criminal Appeal NO. 1391 of 2013:
11. The appeals are allowed to be withdrawn without prejudice to any contention to be raised before the trial court in accordance with law.
12. The parties are directed to appear before the trial court for further proceedings on 10th July, 2018.
Criminal Appeal NO(s).234/2014 :
13. The appeal is allowed to be withdrawn without prejudice to any contention to be raised before the trial court in accordance with law.
14. The parties are directed to appear before the trial court for further proceedings on 19th May, 2018.
Criminal Appeal NO. 1386-1387 of 2013,Criminal Appeal NO. 1395 of 2013, SLP (Crl.)NO(s).10050-10051/2013 :
15. We do not find any merit in these appeals and the special leave petitions which are hereby dismissed.
16. The parties are directed to appear before the trial court for further proceedings on 21st May, 2018 or as per the scheduled date.
17. We further direct that in all the matters, mentioned above, record be sent to the trial court so that the trial court may proceed with the matters pending before it.
SLP(Crl.)NO(s).5678/2014 :
18. The special leave petition is wrongly tagged with Crl.A.NO(s).1386-1387/2013.
19. Accordingly, the special leave petition is detagged and may be listed independently.
SLP(Crl.)NO.9363/2017 :
Tag to SLP(Crl.)NO.6165 of 2016.
