KESHAV PRASAD SHARMA versus INDIAN OIL CORPORATION & ORS.

KESHAV PRASAD SHARMA versus INDIAN OIL CORPORATION & ORS.

The question of prejudice may not be relevant at the stage of proceedings before the trial court under Section 319 CrPC, but it is certainly relevant to proceedings under Article 136, which is discretionary jurisdiction; since the High Court made no observation prejudicial to the petitioner, no interference by Supreme Court is warranted.

Parties
Petitioner: Keshav Prasad Sharma; Respondents: Indian Oil Corporation & Ors.
Jurisdiction
India
Judgment Date
25 January 2011
Procedural Posture
Special Leave Petition (criminal) / Final Disposal
Outcome
Special Leave Petitions dismissed.
Legal Topics
Section 319 Cr PC Impleading Co Accused, Article 136 Constitution Special Leave Jurisdiction, Prejudice in Criminal Proceedings, Interference by Supreme Court
Criminal Procedure Constitutional Law Section 319 Cr PC Impleading Co Accused Article 136 Constitution Special Leave Jurisdiction Prejudice in Criminal Proceedings Interference by Supreme Court

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Parties

Keshav Prasad Sharma

Petitioner

Indian Oil Corporation & Ors.

Respondents

Procedural Posture

Special Leave Petition (criminal) / Final Disposal

Legal Issues

  1. 1 Whether the question of prejudice is relevant in proceedings under Section 319 CrPC and Article 136 of the Constitution
  2. 2 Whether High Court's order setting aside the impleading of co-accused caused prejudice to the petitioner

Ratio Decidendi

The question of prejudice may not be relevant at the stage of proceedings before the trial court under Section 319 CrPC, but it is certainly relevant to proceedings under Article 136, which is discretionary jurisdiction; since the High Court made no observation prejudicial to the petitioner, no interference by Supreme Court is warranted.

Court Disposition

Special Leave Petitions dismissed.

Orders

  • Trial court directed to complete the trial uninfluenced by any observations made by the High Court in the impugned judgment, expeditiously and preferably within six months from the date of production of this Order.