Writ petition challenging a COFEPOSA detention order dismissed for non-appearance after repeated directions and a Supreme Court order required the petitioner's physical presence in court.
None; petition dismissed and pending applications disposed of.
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MANISH KUMAR JAIN .....Petitioner Through: Mr. Ritesh Singh, Adv. versus UNION OF INDIA & ORS. .....Respondents Through: Ms. Amrita Prakash, CGSC for R-1&2 Mr. Varun Mishra, Senior Standing Counsel with Mr. Aranya Sahay, Adv. (M-9654875173)
CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE AMIT SHARMA
O R D E R % 09.07.2024
“Petitioner is directed to remain present in Court on the next date of
hearing, however, till then, no coercive steps shall be
Page 1 of 4
W.P.(CRL) 1254/2021
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/07/2025 at 03:16:07
taken against the appellant by the respondents.”
“xxx xxx xxx W.P.(CRL) 1254/2021 1. Pursuant to order dated 02.11.2023, petitioner is not present in Court. However, learned counsel for the petitioner submits that petitioner is in Dubai and would remain present before this Court on the next date of hearing.
2. Accordingly, re-notify on 16th February, 2024. 3. Petitioner shall be physically present in Court on the next date of hearing, failing which, the present petition may be dismissed.”
“Delay condoned.
The case of the petitioner is pending before the Delhi High Court where he seeks exemption from his personal presence as he is staying in Dubai. All the same after having going through the impugned order, we find that it is the petitioner who is represented through his counsel and had made a commitment that the petitioner is in Dubai and would remain present before the High Court on the next date of hearing.
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W.P.(CRL) 1254/2021
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/07/2025 at 03:16:07
Having gone through this fact and the order therein, we are not inclined to interfere with the order passed by the High Court.
The Special Leave Petitions are accordingly dismissed. Pending application(s), if any, shall stand disposed of.”
“1. Despite directions issued vide last order dated 12.01.2024, the petitioner is not present in Court. However, learned counsel appearing on behalf of the petitioner assures the Court that the petitioner will positively remain present on the next date of hearing. 2. At his request, list on 09.07.2024.
3 . However, it is made clear that if the petitioner is not present on the next date of hearing, the present petition shall stand dismissed .”
Page 3 of 4
W.P.(CRL) 1254/2021
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/07/2025 at 03:16:07
this Court and also of the Hon’ble Supreme Court are absolutely clear to the effect that the Petitioner has to appear before the Court.
PRATHIBA M. SINGH, J.
AMIT SHARMA, J.
JULY 9, 2024
Rahul/Rks/NS
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W.P.(CRL) 1254/2021
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/07/2025 at 03:16:07
Colour shows how this judgement treated each authority
Manish Kumar Jain v. Union of India and Ors.Referred
SLP(Criminal) No. 31173118/2024, SLP (Criminal) Diary No. 6802/2024
2 provisions across 2 enactments
Manish Kumar Jain
Union of India
Prathiba M. Singh
Amit Sharma
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
