1. Special Leave Petition challenging an interlocutory order of the High Court regarding an application under Section 482 Cr.P.C. (Para 1 , 2 )
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2022 Supreme(SC) 1317
SUPREME COURT OF INDIA
L. Nageswara Rao, B.V. Nagarathna, JJ.
Asif Idrees – Appellant
Versus
Union of India & Ors. – Respondents
Petition(s) for Special Leave to Appeal (Crl.) No(s). 9971 of 2021 (Arising out of impugned interim order dated 09-11-2021 in A482 No. 22187 of 2021 passed by the High Court of Judicature at Allahabad)
Decided On : 17-01-2022
Important Points
Interlocutory orders are generally not interfered with by higher courts.
Subject
Civil Law - Interlocutory Orders
Act Referred
Headnote
Interlocutory - High Court Order - The court declined to interfere with the interlocutory order passed by the High Court, dismissing the Special Leave Petition and permitting the petitioner to approach the High Court to expedite the hearing of the application filed under Section 482 Cr.P.C.
Fact of the Case:
The court declined to interfere with the interlocutory order passed by the High Court.
Finding of the Court:
The Special Leave Petition is dismissed, and pending application(s) shall stand disposed of. The petitioner is permitted to approach the High Court to expedite the hearing of the application filed under Section 482 Cr.P.C.
Issues:
Ratio Decidendi:
Final Decision: The Special Leave Petition is dismissed, and the petitioner is permitted to approach the High Court to expedite the hearing of the application filed under Section 482 Cr.P.C.
Legal Category Hierarchy
Advocates appeared:
Mr. Colin Gonsalves Sr. Advocate, Ms. Sneha Mukherjee Advocate, Ms. Amiy Shukla, Advocate, For the Appellant.
Mr. Colin Gonsalves Sr. Advocate, Ms. Sneha Mukherjee Advocate, Ms. Amiy Shukla, Advocate, For the Appellant.
Table of Contents
2. The order passed by the High Court is interlocutory in nature. (Para 1 )
3. Interlocutory orders passed by the High Court generally do not warrant interference. (Para 1 )
4. Special Leave Petition dismissed; petitioner permitted to request expedited hearing of the application under Section 482 Cr.P.C. before the High Court. (Para 1 , 2 )
5. Will the court interfere with an interlocutory order passed by the High Court?
The court is not inclined to interfere with orders passed by the High Court that are interlocutory in nature. (Para 1 )
ORDER
1. We are not inclined to interfere with the order passed by the High Court which is interlocutory in nature. The Special Leave Petition is, accordingly, dismissed. Pending application(s), if any, shall stand disposed of.
2. However, the petitioner is permitted to approach the High Court and make a request to expedite the hearing of the application filed under Section 482 Cr.P.C.
