KAMLESH VERMA versus MAYAWATI AND ORS.

KAMLESH VERMA versus MAYAWATI AND ORS.

The review is not maintainable as the contentions raised were already considered and answered in the original judgment; no material within the parameters of review jurisdiction to go into the earlier order; no direction was passed for lodging the FIR in the matter of disproportionate assets; CBI exceeded its jurisdiction lodging FIR RC No. 0062003A0019; old arguments cannot be reopened via review.

Parties
Review Petitioner/intervener: Kamlesh Verma; Respondent No.1/writ Petitioner: Mayawati; Respondent (investigating Agency): CBI
Jurisdiction
India
Judgment Date
08 August 2013
Procedural Posture
Review Petition (crl.) No. 453 of 2012 in Writ Petition (crl.) 135 of 2008 / Final Disposition of Review Petition
Outcome
Review petition disposed of; not maintainable
Legal Topics
Scope of Supreme Court Review Jurisdiction, Principles of Maintainability of Review, Quashing of FIR, Power of Supreme Court Under Article 137, Review of Orders Under Code of Civil Procedure
Constitutional Law Criminal Law Procedure Scope of Supreme Court Review Jurisdiction Principles of Maintainability of Review Quashing of FIR Power of Supreme Court Under Article 137 Review of Orders Under Code of Civil Procedure

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Parties

Kamlesh Verma

Review Petitioner/intervener

Mayawati

Respondent No.1/writ Petitioner

CBI

Respondent (investigating Agency)

Procedural Posture

Review Petition (crl.) No. 453 of 2012 in Writ Petition (crl.) 135 of 2008 / Final Disposition of Review Petition

Legal Issues

  1. 1 Whether the review petitioner made out a case for reviewing the judgment and order dated 06.07.2012 passed in Writ Petition (Crl.) No. 135 of 2008
  2. 2 Whether the criteria for entertaining review under Article 137 of the Constitution and Order XLVII Rule 1 CPC are satisfied

Ratio Decidendi

The review is not maintainable as the contentions raised were already considered and answered in the original judgment; no material within the parameters of review jurisdiction to go into the earlier order; no direction was passed for lodging the FIR in the matter of disproportionate assets; CBI exceeded its jurisdiction lodging FIR RC No. 0062003A0019; old arguments cannot be reopened via review.

Court Disposition

Review petition disposed of; not maintainable

Orders

  • Review Petition (Crl.) No. 453 of 2012 is disposed of with observation reiterating the decision based on earlier directions relating to Taj Heritage Corridor Project; no interference with original judgment/order.