1. Petitions filed with filing defects not cured despite reminders — other petitions identified as infructuous or sought to be withdrawn. (Para 1 , 3 , 5 )
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2022 Supreme(SC) 1697
SUPREME COURT OF INDIA
Pamidighantam Sri Narasimha, J.
Raghunath Behera – Appellant
Versus
The State of Odisha – Respondent
Special Leave Petition (Criminal) Diary No(s). 3176 of 2020
Decided On : 01-11-2022
Importance of timely rectification of filing defects and the court's discretion to allow withdrawal of matters and dismiss matters that have become infructuous.
Headnote:
ORDER - Filing Defects - Notified for Rectification - Dismissal Without Further Reference
Fact of the Case:
Petitions filed from 2020 to 2022 were returned for filing defects and not refiled despite reminders. Further eight weeks granted for rectification, failing which matters stand dismissed without further reference to the Court.
Finding of the Court:
Matters dismissed as infructuous. Matters dismissed as withdrawn. Remaining matters not taken up.
Issues: Failure to rectify filing defects. Matters becoming infructuous. Permission to withdraw matters.
Ratio Decidendi: The court emphasized the importance of rectifying filing defects within the specified time. The court also allowed withdrawal of matters and dismissed matters that had become infructuous.
Final Decision: Further eight weeks granted for rectification of defects, failing which matters stand dismissed without further reference to the Court. Matters dismissed as infructuous. Matters dismissed as withdrawn. Remaining matters not taken up.
Legal Category Hierarchy
Table of Contents
2. Counsel submitted that certain matters had become infructuous and sought permission to withdraw others. (Para 3 , 5 )
3. The court noted that several petitions remained unrectified despite reminders and granted a final opportunity for curing defects. (Para 1 , 2 )
4. Failure to cure notified filing defects within the time granted by the court results in the dismissal of the matter. (Para 2 )
5. Matters granted time to cure defects, dismissed as infructuous, or dismissed as withdrawn; remaining matters to be notified chronologically. (Para 2 , 4 , 7 , 9 )
6. What is the consequence of failing to cure filing defects in petitions?
The court may grant a final opportunity to cure defects within a specified timeframe, failing which the matters shall stand dismissed without further reference to the court. (Para 2 )
7. How does the court treat petitions that have become infructuous?
Upon submission by the learned counsel that the matters have become infructuous, the court may dismiss such matters. (Para 3 , 4 )
8. What is the procedure for withdrawing petitions from the court?
The counsel for the petitioner may seek permission to withdraw the matters, and upon granting such permission, the matters are dismissed as withdrawn. (Para 5 , 6 , 7 )
ORDER
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