Supreme Court Rejects Recall of Order in Criminal Appeal Due to Insufficient Grounds. The court maintained its previous order, emphasizing the discretion in recalling decisions under criminal procedure.

  • 0
Judgement Image
Font size:
Print

Case Note & Summary

The Supreme Court of India addressed a request for recalling an order made on 18th July, 2011, in the context of Criminal Appeal Nos. 1102-1103 of 2011. The appellants, Konduru Dayakarreddy and others, sought to have the earlier order reconsidered. The court reviewed the request and ultimately rejected it, indicating that the circumstances did not warrant a recall of the order. The Criminal Miscellaneous Petitions associated with this request were disposed of, affirming the court's authority to maintain its prior decisions without modification. The decision was made by Justices H.L. Dattu and Chandramauli Kr. Prasad on 7th December 2011.

Headnote

A) Criminal Procedure - Recall of Orders - Supreme Court's Jurisdiction - Not applicable under current circumstances - The request for recalling the order passed on 18th July, 2011 was rejected, indicating the court's discretion in maintaining its previous decisions. The court disposed of the Criminal Miscellaneous Petitions accordingly. Held that the request did not meet the necessary criteria for recall (Paras Not mentioned).

Subscribe to unlock Headnote Subscribe Now

Issue of Consideration

Whether the order passed by the Supreme Court on 18th July, 2011 should be recalled.

Subscribe to unlock Issue of Consideration Subscribe Now

Final Decision

The Supreme Court rejected the request to recall the order passed on 18th July, 2011, and disposed of the Criminal Miscellaneous Petitions.

Law Points

  • Criminal procedure
  • recall of orders
  • jurisdiction of Supreme Court
Subscribe to unlock Law Points Subscribe Now

Case Details

2011 LawText (SC) (08) 146

CRLMP NOS.17982-17983/2011 IN CRIMINAL APPEAL NOS.1102-1103 OF 2011

2011-12-07

H.L. Dattu, Chandramauli Kr. Prasad

Konduru Dayakarreddy and 4 others

State of Andhra Pradesh

Subscribe to unlock Case Details (Citation, Judge, Date & more) Subscribe Now

Nature of Litigation

Request for recalling a previous order in a criminal appeal.

Remedy Sought

Appellants sought to recall the order passed on 18th July, 2011.

Previous Decisions

Order passed on 18th July, 2011.

Issues

Whether the order should be recalled

Submissions/Arguments

Appellants argued for the recall of the order Respondent's position not mentioned

Ratio Decidendi

The court maintained its discretion in recalling orders and emphasized that the request did not meet the necessary criteria.

Judgment Excerpts

The request for recalling the order passed by this Court on 18th July, 2011 is rejected for the present. The Criminal Miscellaneous Petitions are disposed of accordingly.

Procedural History

The court reviewed the request for recalling the order and made a decision on the matter.

Subscribe to unlock full Legal Analysis Subscribe Now
Related Judgement
Supreme Court Supreme Court Partially Allows Appeal in Rash Driving Case — Reduces Sentence and Orders Compensation. The court maintained the conviction under IPC but modified the sentence and directed compensation to the victim's mother.
Related Judgement
Supreme Court Supreme Court Allows Appeal Against High Court's Quashing of Summoning Order in Abetment of Suicide Case. Magistrate's Power to Issue Summons After Closure Report Upheld, with Emphasis on Application of Mind Under Sections 202 and 204 CrPC, 1973.