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Kishore Samrite v. State of Madhya Pradesh

Review Petition (Criminal) · Neutral citation not assigned (Review Petition (Criminal) No. 732 of 2013 in Special Leave Petition (Criminal) No. 5911 of 2013)Decided 7 Feb 2014
Review Petition (Criminal) No. 732 of 2013 in Special Leave Petition (Criminal) No. 5911 of 2013
Justice C.K. Prasad · Justice Kurian Joseph

Background

After the Court rejected his challenge to refusal of a stay of conviction, a litigant sought review based on a judge's participation. He relied on the judge's recusal in an unrelated case and the judge's son having represented him years earlier in another unrelated proceeding. Neither point had been raised when the present petition was heard.

Decision Breakdown

The Court dismissed the review and imposed Rs. 5 lakh costs payable to the Supreme Court Employees Welfare Fund within one month. The earlier recusal concerned different subject matter and circumstances, while the son's past representation also had no connection with this case. The petitioner had not disclosed these matters before the adverse decision and made no merits-based review argument. The Court found the belated grounds untenable and lacking bona fides. If unpaid, the costs were to be recovered through the district magistrate as land-revenue arrears.

Lesson Learnt

A party should promptly disclose known grounds for questioning a judge's participation. An adverse result does not justify using unrelated earlier proceedings as a belated review ground without a substantive basis.

Official source (sci.gov.in)View Judgment (PDF)

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