RAJENDRA KHARE versus SWAATI NIRKHI AND ORS.

RAJENDRA KHARE versus SWAATI NIRKHI AND ORS.

The order dated 18.05.2018 transferring the criminal case was passed on preliminary hearing without issuing notice under Order XXXIX Rule 2; this procedural omission constituted an error apparent on the face of the record justifying exercise of the Court's statutory review jurisdiction under Article 137 and Order XLVII, therefore the ex parte order of 18.05.2018 is recalled, the transfer petition is revived and the review petitioner is impleaded as a party so that the petition may be heard after notice.

Parties
Review Petitioner: Rajendra Khare; Respondent: Swati Nirkhi; Respondent: State (NCT of Delhi) Through the Commissioner of Police; Respondent: Mohan Srivastava alias Akahauri Onkar Nath; Respondent: Jugal Kishore Yadav
Jurisdiction
India
Judgment Date
28 January 2021
Procedural Posture
Review Petition (criminal) in Transfer Petition (criminal) No.262 of 2018 / Review Hearing and Decision Allowing Review; Order Recalled and Transfer Petition Revived
Outcome
Review petition allowed.
Legal Topics
Review Jurisdiction Under Article 137, Order XLVII Rule 1 Supreme Court Rules, 2013, Order XXXIX Rule 2 Supreme Court Rules, Transfer of Criminal Proceedings, Error Apparent on the Face of the Record, Natural Justice, Impleadment of Parties
Constitutional Law Criminal Procedure Judicial Review Review Jurisdiction Under Article 137 Order XLVII Rule 1 Supreme Court Rules, 2013 Order XXXIX Rule 2 Supreme Court Rules, 2013 Transfer of Criminal Proceedings Error Apparent on the Face of the Record +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 9 Party arguments 2
Sign in to unlock

Parties

Rajendra Khare

Review Petitioner

Swati Nirkhi

Respondent

State (NCT of Delhi) Through the Commissioner of Police

Respondent

Mohan Srivastava alias Akahauri Onkar Nath

Respondent

Jugal Kishore Yadav

Respondent

Procedural Posture

Review Petition (criminal) in Transfer Petition (criminal) No.262 of 2018 / Review Hearing and Decision Allowing Review; Order Recalled and Transfer Petition Revived

Legal Issues

  1. 1 Whether a review petition under Article 137 and Order XLVII is maintainable after rejection of a miscellaneous application to recall the order
  2. 2 Whether the order dated 18.05.2018 transferring the criminal case was vitiated because no notice was issued under Order XXXIX Rule 2 before passing the order
  3. 3 Whether the omission to issue notice amounts to an error apparent on the face of the record justifying review

Ratio Decidendi

The order dated 18.05.2018 transferring the criminal case was passed on preliminary hearing without issuing notice under Order XXXIX Rule 2; this procedural omission constituted an error apparent on the face of the record justifying exercise of the Court's statutory review jurisdiction under Article 137 and Order XLVII, therefore the ex parte order of 18.05.2018 is recalled, the transfer petition is revived and the review petitioner is impleaded as a party so that the petition may be heard after notice.

Court Disposition

Review petition allowed.

Orders

  • Order dated 18.05.2018 recalled
  • Transfer Petition (Crl.) No.262 of 2018 revived