The Division Bench disposed of a Special Leave Petition under Section 482 Cr.PC because the petitioner had already been released on bail. Counsel was granted liberty to raise issues in the pending appeal where the constitutional validity of Section 437A Cr.PC was also under consideration.
Liberty granted to counsel to pursue the matter in the pending appeal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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ARVIND MEHTO ..... Petitioner Through: Mr. Ajay Verma, Advocate
versus
THE STATE AND ORS ..... Respondents Through: Mr. Rahul Mehra, Standing Counsel (Criminal), GNCTD with Mr.Chaitanya Gosain, Advocate and Inspector Avnish Tyagi, PS: Shahbad Dairy. Mr. Vikram Jetly, CGSC for R-2/UOI.
CORAM: HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
O R D E R % 15.01.2019
CRL.M.A. 50745/2018 (by the petitioner under Section 482 Cr.PC for directions)
order dated 10.01.2019 handed over by the counsel for the petitioner is taken on record.
appropriate application in this regard, which shall be considered in accordance with law.
HIMA KOHLI, J
MANOJ KUMAR OHRI, J
JANUARY 15, 2019 rkb
Page 3 of 3
W.P.(CRL.) 3962/2018
2 issues framed by the court
Whether the Special Leave Petition under Section 482 CrPC requires disposal in view of the petitioners release and the proposed fate of the appeal.
Whether the constitutional challenge to Section 437A CrPC should be pursued separately in the pending appeal.
1 provisions across 1 enactments
ARVIND MEHTO
THE STATE
HIMA KOHLI
MANOJ KUMAR OHRI
As recorded by the court registry
A constitutional writ petition in a criminal context, most commonly habeas corpus or a challenge to an FIR or detention order.
Judgements on the same questions, provisions and authorities, from every court
