Apex Court Grants Liberty To Petitioner To Convert His Writ Petition Into Special Leave Petition After He Sought Anticipatory Bail Under Article 32
The Supreme Court has recently granted liberty to a petitioner to carry out suitable amendments in his Writ Petition under Article 32 of the Constitution to convert it into a Special Leave Petition seeking bail, after he availed an incorrect remedy.
The Bench of Justice Dipankar Datta and Justice Nongmeikapam Kotiswar Singh observed, “There is no reason why the interim order passed by the High Court shall not stand revived, given the fact that the writ petition is still reported to be pending, in view of such overruling…Therefore, it would be expedient for the ends of justice to grant liberty to the petitioner to carry out suitable amendments in the petition to convert it into a special leave petition challenging the order dated 09th April, 2024 of the Sessions Judge, Ghaziabad as well as to include suitable pleadings/prayers therein. Ordered accordingly…Registry is directed to assign a fresh number to the special leave petition, upon its conversion as directed above… Until further orders, no coercive action shall be taken against the petitioner.”
The Petitioner appeared in person.
The petitioner filed a Petition under Article 32 of the Constitution seeking anticipatory bail. The Court was not inclined to entertain the petition in the exercise of jurisdiction as the remedy for anticipatory bail was already available under Section 438 of the Code of Criminal Procedure, 1973.
But the Court perused a dismissal order passed by the Sessions Judge in a criminal revision petition which was filed by the present Petitioner assailing the order passed by the Judicial Magistrate issuing non- bailable warrant against the petitioner and also initiating process under Section 82 of the Cr. P.C..
“Having read the order dated 09th April, 2024, we find that the petitioner is an accused in a private complaint. He questioned proceedings initiated by the jurisdictional magistrate by filing a writ petition before the High Court in the year 2009, whereupon the proceedings were stayed. Such order of stay stood automatically vacated in view of the decision of this Court in Asian Resurfacing of Road Agency Pvt. Ltd. Vs. Central Bureau of Investigation. The petitioner was unaware of the fact that the stay order stood vacated which resulted in the order of the ACJM, since affirmed by the Sessions Judge, noted above… Pertinently, the decision in Asian Resurfacing of Road Agency 1 (2018) 16 SCC 299 Pvt. Ltd. (supra) has since been overruled by a Constitution Bench of this Court in its decision in High Court Bar Association, Allahabad Vs. State of U.P. & Ors.”, the Court observed.
Senior Advocate Raghenth Basant was present in the Court and accepted to assist the Petitioner to do the needful in terms of the order.
Accordingly, the Court said after the petition is registered as a special leave petition, relist the same on a later date.
Cause Title: Vijay Bhushan Gautam v. The State of Uttar Pradesh & Anr.