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NAND PRABHA SHUKLA
Ati Ulla – Appellant
Versus
Fazar Mohammad – Respondent
JUDGMENT :
NAND PRABHA SHUKLA, J.
1. Heard Sri Rakesh Kumar Verma as well as Sameer Khan, learned counsel for the petitioners, Sri Rahul Jain, learned counsel for the respondents, Sri Pankaj Rai, learned AGA for the State and perused the record.
2. The present Writ Petition No. 2647 of 2024 under Article 227 of the Constitution of India has been filed with the following prayers:
(ii) Issue an order or direction of suitable nature set aside the entire proceedings of Misc. Case/Application No. 01 of 2018 (Fazar Mohammad & Another vs. Ati Ulla & Others) under Section 340 Cr.P.C.”
3. The Writ Petition No. 9560 of 2024 under Article 227 of the Constitution of India has been filed with the following pr
The court emphasized the necessity of sufficient grounds for initiating proceedings under Section 340 Cr.P.C. based on false statements, requiring a prima facie opinion of deliberate falsehood.
Legal representatives of deceased parties can seek substitution; amendments to pleadings are permitted to promote effective adjudication and safeguard substantive rights over rigid procedural complia....
Amendment in plaint can be allowed at any stage of suit even before pronouncement of Judgment – Question of requirement of filing written statement cannot be assessed by court at this stage.
(1) Substitution – Limitation – Suit/appeal automatically abates when application to substitute legal representatives of deceased party is not filed within prescribed limitation period of 90 days fro....
The power under Article 227 should be exercised sparingly and only in cases of grave dereliction of duty or miscarriage of justice.
Legal heirs must comply with procedural requirements for substitution in criminal proceedings following the death of the original complainant.
The power under Articles 226 and 227 of the Constitution cannot be exercised when an alternative remedy exists under the Code of Criminal Procedure.
The court emphasized a justice-oriented interpretation of procedural laws, allowing substitution of legal heirs even in cases of certain delays without mandating separate applications for abatement.
The court ruled that applications for substitution and condonation of delay can be combined, emphasizing that procedural law should serve justice rather than punish parties, thereby validating the su....
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