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2011 Supreme(SC) 1230

SUPREME COURT OF INDIA
P. SATHASIVAM, B.S. CHAUHAN, JJ.
Milind Shripad Chandurkar - Petitioners
Versus
Naimulla M. Khan and Anr. - Respondent
Special Leave Petition (Criminal) No. 3122 of 2008
Decided on : 03-03-2011

Important Points

A special leave petition may be dismissed by the court if the issues involved are already settled by a prior judgment in a related or similar matter.

Subject

Criminal Law - Criminal Procedure

Headnote

(A) Criminal Law - Special Leave Petition - Dismissal based on precedent - The petition is dismissed in view of a judgment delivered in a related criminal appeal.

Facts of the case:
A special leave petition was filed before the court. The court referred to the findings in a previous judgment arising out of another special leave petition and a subsequent criminal appeal.

Findings of Court:
The court observed that the issues in the present petition were covered by the decision in the cited precedent.

Issues: Whether the special leave petition could be dismissed based on the ruling in a previously decided related criminal appeal.

Ratio Decidendi: The court held that the present petition is dismissed in light of the legal position established in the previously decided related criminal appeal.

Result: Special Leave Petition dismissed.

Legal Category Hierarchy

  • practice and procedure
    • appeals
      • special leave petition

JUDGMENT :

Dr. B.S. Chauhan, J.

In View of the judgment in Criminal Appeal No. 643 of 2011 arising out of special Leave Petition (Criminal) No. 3045 of 2008 (reported in 2011 (2) RCR Cri. 568 : 2011 (2) RCR (Civil) 687 : 2011 (2) Raj 381 (5) the above Special Leave Petition are dismissed.

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