Supreme Court of India

STATE OF M.P.versusSURESH GUPTA AND ANR.

Citation: 1995 INSC 551
Decided: 8 September 1995
Disposal: Disposed off
Bench: K RAMASWAMYB L HANSARIA

Holding

Lower courts may dispose of pending or connected matters on their merits without being influenced by the High Court's findings and observations.

Summary

The State of Madhya Pradesh appealed against Suresh Gupta and another, seeking direction on pending criminal matters. The High Court had earlier issued findings and observations in W.P. Nos. 671 & 596 of 1995. The appellant and respondent agreed that the lower courts should decide the pending and connected matters on their own merits, without being bound by the High Court's earlier observations. The Supreme Court affirmed this view, stating that the courts below are free to dispose of all pending matters based solely on the merits of each case. Consequently, the appeal was disposed of, allowing the lower courts to proceed independently.

Issues considered

Whether lower courts are bound by the findings and observations of a High Court order when disposing of pending or connected criminal matters between the same parties.

Subjects

criminal appealpending mattersjurisdictionmerits of caseHigh Court orderlower courtsprocedural direction

Judgment

A                               STATE OF M.P.
                                     v.
                           SURESH GUPTA AND ANR.

                              SEPTEMBER 8, 1995

B              [K. RAMASWAMY AND B.L. HANSARIA, JJ.)

           Oiminal Appeal-Pending cases-Disposal by Cowts below-Direc-
    tions regarding.

          Regarding certain matters pending between the parties;
c
          Disposing the appeal, this Court

          HELD : The Courts below are free to dispose of all the pending or      .
    connected matters between the parties on their merits without being
D   influenced by any of the findings and observations made by the High Court
    in the impugned order. (457-B]

          CRIMINAL APPELLATE JURISDICTION                    Criminal Appeal
    Nos. 1085-86 of 1995.

         From the Judgment and Order dated 5.5.95 & 27.4.95 of the Madhya
E
    Pradesh High Court in W.P. Nos. 671 & 596 of 1995.

          P.P. Rao, Uma Nath Singh for the Appellant.

        U.R. Lalit and D.D. Thakur, B.K. Satija, Vipin Gogia, S.K. Jain A.P.
    Dhamija, P.R. Jain, Vivek Gambhir, Anil Kumar S.K. Gambhir and K. G.
F
    Maheshwari for the Respondents.

          The following Order of the Court was delivered :

          Leave granted.
G         We have heard learned counsel for the parties. The respondent,
    Sadhvi Rithambara, has already been released. It is stated by Shri D.D.
    Thakur, learned senior counsel for the respondent, that the State would be
    free to proceed with the pending matters, i.e., not only concerned F.I.R.
    but also the other connected matters between the parties. The courts below
H   would proceed and decide the cases uninfluenced by any of the findings
                                        456
                          STATE v. S. GUPTA                          457

and observations made by the High Court in the impugned order and           A
purely based on the merits of the case. Shri P.P. Rao, learned senior
counsel for the appellant, has very fairly agreed for this suggestion.

      In view of the above very fair stand taken by both the counsel, we
reiterate that the courts below are free to dispose of all the pending or
connected matters between the parties on their merits without being         B
influenced by any of the findings and observations made by the High Court
in the impugned order.

     The appeal is disposed of accordingly.

T.N.A.                                               Appeal disposed of.    C

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