Supreme Court - Daily Orders
Deepak Kumar Nayyar vs Central Bureau Of Investigation . on 3 September, 2015
Bench: Chief Justice, V. Gopala Gowda, Amitava Roy
SLP(C) Nos.4295-4296/2015 1
ITEM NO.6 COURT NO.1 SECTION II
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petitions for Special Leave to Appeal (Crl.) Nos.4295-4296/2015
(Arising out of impugned final judgment and order dated
07/04/2015 in CRLMC No. 1321/2015 and CRLMC No. 1322/2015,
passed by the High Court Of Delhi At New Delhi)
DEEPAK KUMAR NAYYAR AND ANR. Petitioner(s)
VERSUS
CENTRAL BUREAU OF INVESTIGATION & ORS. Respondent(s)
(With appln. for directions and exemption from filing c/c of
the impugned judgment and interim relief and office report)
Date : 03/09/2015 These petitions were called on
for hearing today.
CORAM :
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE V. GOPALA GOWDA
HON'BLE MR. JUSTICE AMITAVA ROY
For Petitioner(s) Mr. Sidharth Luthra, Sr. Adv.
Ms. Madhurima Mridul, Adv.
Mr. Sunil Fernandes,Adv.
Mr. Deepak Pathak, Adv.
For Respondent(s) Mr. Ranjit Kumar, S.G.
Mr. Rajiv Nanda, Adv.
Ms. Haripriya, Adv.
Ms. Movita, Adv.
Mr. B.V. Balram Das, Adv.
Mr. Nagendra Rai, Sr. Adv.
Mr.Manita Verma, Adv.
Mr. Devashish Bharuka,Adv.
UPON hearing the counsel the Court made the following
O R D E R
Signature Not Verified Digitally signed by Charanjeet Kaur The petitioners who were not even party Date: 2015.09.07 16:52:44 IST Reason: before the High Court have filed the instant Special Leave Petitions. They have called in SLP(C) Nos.4295-4296/2015 2 question the orders passed by the High Court in Criminal Miscellaneous Case Nos.1321 and 1322 of 2015, dated 07.04.2015 on the pretext that the said order would affect their interest.
Along with the Special Leave Petitions, the petitioners have also filed applications for permission to file Special Leave Petitions. This Court vide order dated 08.05.2015, has allowed the applications for permission to file Special Leave Petitions.
At the time of hearing of these Special Leave Petitions, we raised a specific query to Shri Sidharth Luthra, learned senior counsel, whether without approaching the High Court they could have approached this Court impugning an order passed in the case of the petitioners/ co-accused persons. The learned counsel very fairly submits that it may not be permissible, but he contends that the SLP(C) Nos.4295-4296/2015 3 petitioners have filed applications for permission to file the Special Leave Petitions and such permission is granted by this Court. Be that as it may.
In our considered view, the petitioners ought to have approached the High Court for necessary reliefs by filing a petition under Section 482 of the Code of Criminal Procedure, 1973 (for short, “the Cr.PC”) and without doing so could not have approached this Court questioning an order passed in the case of petitioners/ co-accused persons.
In view of the above, we now revoke our earlier order, dated 08.05.2015 granting permission to file the Special Leave Petitions.
However, we permit the petitioners, if they so desire, to approach the High Court by filing a petition under Section 482 of the Cr.PC and to take up all such contentions SLP(C) Nos.4295-4296/2015 4 which are available to them in that petition, including, the contentions raised in the Special Leave Petitions.
The petitioners are also at liberty to rely upon those decisions in support of the grounds that would be raised, which would assist them in the petition that they may file under Section 482 of the Cr.PC.
The other side is also at liberty to raise all such contentions, including, the maintainability of the petition that may be filed.
The First Information Report is of 30.06.1998 and the charge sheet is filed some time in the year 2001. Keeping these two dates in view, we request the High Court to dispose of the petition that may be filed by the petitioners as expeditiously as possible. SLP(C) Nos.4295-4296/2015 5
With the aforesaid observations, we dispose of these matters.
Ordered accordingly.
[ Charanjeet Kaur ] [ Vinod Kulvi ] A.R.-cum-P.S. Asstt. Registrar