S/L-5 v. Sudipta Kumar Barat
Case at a glance
Outcome
Quashed
In view of the matter, the impugned order stands quashed
Provisions considered
- Constitution of India art. 141
Judgment
order of learned Trial Court has been settled by the order of the Hon’ble Apex Court. Therefore, in my view, adjourning the case only to find out the opposite party would amount to wastage of time. This petitioner under Section 482 of the Cr. P. C. challenges the order passed by learned Judge, 1st Special Court, Alipur in Special Case No. 2 of 1989. The matter is pending for more than eighteen years. Instead of adjourning the matter suo moto, considering the age of the proceeding, I am inclined to dispose of the matter on merit based on materials available with the record. 2 The petitioner, CBI by filing the petition under consideration apart from challenging the order dated 08.03.1994 passed by learned Trial Court is seeking permission to take appropriate proceeding before the proper forum in view of the order of the Hon’ble Apex Court passed on 27.04.1995,
Operative part
06.02.1998 and 26.03.1998 in SLP (Cr.) 1126/1995, 1127/1995, 1127/1995: SLP (Cr.) 146/1988-150/1998, Criminal Appeal No. 907/1994. It goes without saying that under Article 141 of the Constitution of India the order of the Hon’ble Apex Court is binding on all the Courts of the country. In view of the matter, the impugned order stands quashed. I do not find any reason to pass further direction granting leave to the CBI to take out proceeding before the proper forum. The revisional application is thus disposed of. The Learned Trial Court is directed to proceed with the case according to law in the light of the direction given by Apex Court in the aforesaid proceeding. A copy of the order be sent down for information to the Learned Court below. Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible. ( Siddhartha Roy Chowdhury, J. )
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: In view of the matter, the impugned order stands quashed
Which statutory provisions did this judgment involve?
Constitution of India — art. 141.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.