STATE OF PUNJAB versus DAVINDER PAL SINGH BHULLAR & ORS. ETC

STATE OF PUNJAB versus DAVINDER PAL SINGH BHULLAR & ORS. ETC

High Court lacked jurisdiction to entertain applications and direct investigation after final disposal of appeal; orders passed post-disposal are a nullity due to judicial bias, want of jurisdiction, violation of statutory procedure under Section 362 Cr.P.C.; as foundation of proceedings is illegal, all subsequent orders including FIR stand vitiated and are quashed.

Parties
Appellant: State of Punjab; Respondents: Davinder Pal Singh Bhullar & Ors.
Jurisdiction
India
Judgment Date
07 December 2011
Procedural Posture
Criminal Appeal / Final Judgment on Appeal Against High Court Orders
Outcome
Appeals allowed
Legal Topics
Review of Judgments, Judicial Bias, Inherent Powers of High Court, Investigation by CBI, Principles of Res Judicata, Doctrine of Waiver
Criminal Law Constitutional Law Judicial Process Review of Judgments Judicial Bias Inherent Powers of High Court Investigation by CBI Principles of Res Judicata +1 more

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Parties

State of Punjab

Appellant

Davinder Pal Singh Bhullar & Ors.

Respondents

Procedural Posture

Criminal Appeal / Final Judgment on Appeal Against High Court Orders

Legal Issues

  1. 1 Whether the High Court can pass orders on applications entertained after final disposal of a criminal appeal in view of Section 362 Cr.P.C.
  2. 2 Whether in exercise of its inherent jurisdiction under Section 482 Cr.P.C. the High Court can direct investigation by the CBI after final disposal of appeal
  3. 3 Permissibility of reopening disposed of cases

Ratio Decidendi

High Court lacked jurisdiction to entertain applications and direct investigation after final disposal of appeal; orders passed post-disposal are a nullity due to judicial bias, want of jurisdiction, violation of statutory procedure under Section 362 Cr.P.C.; as foundation of proceedings is illegal, all subsequent orders including FIR stand vitiated and are quashed.

Court Disposition

Appeals allowed

Orders

  • Impugned High Court orders declared nullity.
  • FIR registered by CBI quashed.