Full Judgment Text
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 865 OF 2010
ARISING OUT OF
SPECIAL LEAVE PETITION (CRIMINAL) NO. 6360 OF 2009
RAMA RANI & ORS. ..... APPELLANTS
VERSUS
STATE OF M.P. & ANR. .... RESPONDENTS
O R D E R
1. Leave granted.
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2. This appeal arises out of the order dated 24
April, 2009 passed by the learned Single Judge of the
High Court of Madhya Pradesh whereby an application
under Section 482 of the Code of Criminal Procedure
filed by the appellants herein had been rejected solely
on the ground that the evidence before the trial court
had already been completed with the result that the
quashing at this late stage was not called for.
3. Mr. Shakeel Ahmed Syed, the learned counsel for
the appellants herein has also filed some additional
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documents including the order sheet up to 12 May,
2009 which reveals that in fact no statements have so
far been recorded. He further states that even
thereafter no statements had been recorded because the
respondents have been getting the case adjourned on the
plea that some matters were pending either in the High
Court or in the Supreme Court.
4. In this view of the matter and in the light of
the fact that an error has apparently been committed by
the learned Single Judge in the impugned order, we set
aside the order aforesaid and remit the case to the
High Court for decision afresh.
5. We must also observe that this matter had been
referred to the Mediation Cell of this Court to see if
any settlement could be arrived at. A report from the
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Cell dated 25 March, 2010 has been received which is
in the negative.
6. We further make it clear that any observation
hereinabove would not affect the decision of the High
Court either ways.
7. The appeal stands disposed of in the aforesaid
terms. Parties shall appear before the High Court on
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17 August, 2010.
......................J
[HARJIT SINGH BEDI]
......................J
[J.M. PANCHAL]
NEW DELHI
APRIL 22, 2010.