Supreme Court - Daily Orders
Dashwanth vs The State Of Tamil Nadu on 6 February, 2025
Bench: Vikram Nath, Sanjay Karol
ITEM NO.101 COURT NO.5 SECTION II-C
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Criminal Appeal No(s). 3633-3634/2024
DASHWANTH Appellant(s)
VERSUS
THE STATE OF TAMIL NADU Respondent(s)
[ TO GO BEFORE THREE HON'BLE JUDGES ] [ DEATH CASE ]
IA No. 47784/2019 - EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT
IA No. 47785/2019 - EXEMPTION FROM FILING O.T. Date : 06-02-2025 This matter was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE VIKRAM NATH HON'BLE MR. JUSTICE SANJAY KAROL HON'BLE MR. JUSTICE SANDEEP MEHTA For Appellant(s) : Mr. Sidharth Luthra, Sr. Adv.
Ms. Rajni Gupta, Adv.
Mr. Karl P Rustomkhan, Adv.
Mr. Manoviraj Singh, Adv.
Ms. Trisha Chandran, Adv.
Mr. Kaustubh Chouhan, Adv.
Ms. Manasa Ramakrishna, Adv.
Mr. Abhimanue Shrestha, AOR Mr. Mangesh Naik, Adv.
For Respondent(s) :Mr. N.R.Elango, Sr. Adv.
Mr. Sabarish Subramanian, AOR Mr. Vishnu Unnikrishnan, Adv.
Ms. Jahnavi Taneja, Adv.
Mr. Danish Saifi, Adv.
UPON hearing the counsel the Court made the following O R D E R
1. IA No. 33810 of 2025, seeking permission to amend the Special Leave Petitions (now Criminal Appeals), recalling the order dated 08.04.2019, enhance notice to permit the appellant to challenge the Signature Not Verified Digitally signed by KAPIL TANDON Date: 2025.02.11 conviction and amend the prayer clause, is taken on board. 17:42:44 IST Reason:
2. The High Court, while dismissing the appeal and confirming the 1 death reference, had granted leave to appeal on the request made by the counsel for the appellant. According to Mr. Sidharth Luthra, learned senior counsel appearing for the appellant, by mistake, the Special Leave Petition under Article 136 of the Constitution was filed before this Court whereas it should have been an appeal under Article 134 (1)(c) of the Constitution, as leave to appeal was already granted by the High Court.
3. It is further submitted that in view of the aforesaid the order dated 08.04.2019 would be liable to be recalled which had confined the Special Leave Petition to be entertained only on the question of sentence as the said order had been passed on the premise that it was a Special Leave Petition under Article 136 and not an appeal under Article 134(1)(c) of the Constitution.
4. In view of the above, we recall the order dated 08.04.2019 and direct the registry to register the present appeals under Article 134(1)(c) of the Constitution. As the leave has already been granted, we treat this to be an order of the admission of appeal(s). Amended Criminal Appeal annexed as Annexure-A1 along with this application is also taken on record. Accordingly, IA No. 33810 of 2025 stands disposed of.
5. Further an application has been filed by the learned counsel for the appellant bearing I.A No. 33813 of 2025 seeking to bring on record the additional grounds regarding lack of fair and effective trial. I.A. is allowed. Amended petition may be filed within two weeks. Along with the said application, the counsel for the appellant has also filed a gist of daily status of the proceedings of the Trial Court/Sessions Judge, Mahila Court, Chengalpet bearing 2 Case No. SPL.C/0200033/2017 (CNR No. TNCG020000912017) according to which the charges were framed on 24.10.2017. The status further indicates that on 13.12.2017 compliance of Section 207 of the CrPC was made and the Inspector of Police present on that date undertook to furnish the accused and his legal aid counsel who had been appointed on the same day, the case diary and all police papers.
Five days later recording of evidence started. It is also pointed out that in all thirty witnesses were examined. Further conviction and sentence were recorded on the same day i.e., on 19.02.2018. In order to verify the daily orders of the Trial Court, we direct the Trial Court/Sessions Judge, Mahila Court, Chengalpet to forward to this Court the complete daily orders of Case No. SPL.C/0200033/2017 (CNR No. TNCG020000912017) in its original form as also its translated version, if not recorded in English, within a period of two weeks.
6. Registry to forthwith communicate this order for compliance.
7. List this case on 27.02.2025.
(KAPIL TANDON) (RANJANA SHAILEY)
COURT MASTER (SH) COURT MASTER (NSH)
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