Dr. Subramanian Swamy vs Union Of India Ministry Of Law Through ... on 2 July, 2015
The petitioner had preferred Writ Petition No. 64 of 2015
invoking the jurisdiction of this Court under Article 32 of the
Constitution of India challenging the constitutional validity of
Sections 499 and 500 of the Indian Penal Code. The said petition
was heard along with batch of matters and has been decided vide
judgment in Subramanian Swamy vs. Union of India, Ministry of Law
and Ors. [(2016) 7 SCC 221]. Be it noted, when the writ petition
was pending in this Court, there was stay of further proceedings of
OMA No.353 of 2014 pending before the learned 3 rd Judicial
Magistrate, First Class, Bhiwandi. It is apt to note here that
after cognizance was taken and summons were issued to the
petitioner, he preferred Criminal Writ Petition No.4960 before the
High Court of Bombay for quashment of the proceedings as well as
the order issuing summons. The learned Single Judge vide order
dated 10.03.2015, after adverting to certain aspects and the law
did not think it appropriate to interfere with the proceedings or
with the order passed issuing summons by the learned Magistrate.
Against the said order, the present special leave petition was
preferred. As the writ petition was pending, notice was issued in
the special leave petition but no order of stay was granted. The
matter was taken up on various dates and on 19.07.2016, the matter
was part heard. Thereafter it was heard on 27.07.2016 and
thereafter on 24.08.2016, after hearing for some time, the matter
was adjourned to today.