Petitioners discharged by the M.M challenged the ASJ's order remanding the matter back for reconsideration of the discharge. The High Court held that the ASJ should have decided the matter himself rather than remanding it and set aside the remand.
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.
$~36 & 37
CHINTRAM & ORS .....Petitioners Through: Ms.Namita Roy, Ms.Gopa Biswas, Mr.Abhijit Acharya, Advocates. versus STATE & ANR .....Respondents
| Through: | Mr. Utkarsh, APP for the State with SI Vijay Pal Singh, P.S.CWC, Nanakpura. Ms. Saptodwipa Sarkar, Advocate for R- 2. |
|
|---|---|---|
| + CRL.M.C. 2971/2018 |
& CRL.M.A. | 10495/2018 |
| PRADEEP KUMAR | .....Petitioner | |
| Through: versus |
Ms.Namita Roy, Ms.Gopa Biswas, Mr.Abhijit Acharya, Advocates. |
|
| STATE & ANR | Through: | .....Respondents Mr. Utkarsh, APP for the State with SI Vijay Pal Singh, P.S.CWC, Nanakpura. Ms. Saptodwipa Sarkar, Advocate for R- 2. |
CORAM:
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
O R D E R % 20.03.2025
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 26/03/2025 at 13:53:58
remanded back to learned M.M for reconsideration. Once the documents and the Chargesheet was before the learned ASJ instead of remanding the case back for finding on the facts he should have proceeded in deciding the matter. This practice of remanding the cases back to the learned M.M for reconsideration, is not acceptable.
NEENA BANSAL KRISHNA, J
MARCH 20, 2025 rk
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 26/03/2025 at 13:53:58
1 issue framed by the court
Was the ASJ's order remanding the discharge matter back to the M.M for reconsideration sustainable?
1 provisions across 1 enactments
Chintram & Ors
State & Anr
Pradeep Kumar
Neena Bansal Krishna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
