REKHA SHARAD USHIR v. SAPTASHRUNGI MAHILA NAGARI SAHKARI PATSANSTA LTD., Supreme Court Of India, Judgment, Law, casemine.com

Factual and Procedural Background

The petitioner, Rekha Sharad Ushir, filed a Petition for Special Leave to Appeal (Criminal) No. 4300/2024 challenging the final judgment and order dated 18 December 2023 rendered by the High Court of Judicature at Bombay in Criminal Writ Petition No. 2316/2017. The underlying criminal proceedings presently stand as S.C.C. No. 648 of 2016 before the Judicial Magistrate First Class, Kalwan, District Nashik, Maharashtra. The Supreme Court considered two interlocutory applications seeking exemption from filing (i) a certified copy of the impugned order and (ii) an official translation. The matter came before a Division Bench comprising Hon’ble Mr. Justice Abhay S. Oka and Hon’ble Mr. Justice Ujjal Bhuyan on 1 April 2024.

Court's Reasoning and Analysis

The Court issued a short procedural order. It first allowed the two interlocutory applications, thereby dispensing with the need for the petitioner to file a certified copy of the impugned High Court order and an official translation. After considering counsel’s submissions, the Court directed issuance of notice to the respondent, returnable in eight weeks. Pending further consideration, the Court stayed all proceedings in S.C.C. No. 648 of 2016 before the Judicial Magistrate First Class, Kalwan, District Nashik. The stay operates until further orders of the Supreme Court.

Holding and Implications

ORDER: The Supreme Court (1) allowed the applications for exemption from filing a certified copy and official translation, (2) issued notice returnable in eight weeks, and (3) stayed proceedings in S.C.C. No. 648 of 2016 before the JMFC, Kalwan.

Implications: The criminal case against the petitioner before the trial court is halted until the Supreme Court further adjudicates the special leave petition. The order is interlocutory and sets no new precedent beyond granting temporary relief.

REKHA SHARAD USHIR v. SAPTASHRUNGI MAHILA NAGARI SAHKARI PATSANSTA LTD.

ITEM NO.35 COURT NO.8 SECTION II-A

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (Crl.) No(s). 4300/2024

(Arising out of impugned final judgment and order dated 18-12-2023 in CRLWP No. 2316/2017 passed by the High Court of Judicature at Bombay)

REKHA SHARAD USHIR Petitioner(s)

VERSUS

SAPTASHRUNGI MAHILA NAGARI SAHKARI PATSANSTA LTD. Respondent(s)

(IA No.71840/2024-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.71841/2024-EXEMPTION FROM FILING O.T.) Date : 01-04-2024 This petition was called on for hearing today.

CORAM : HON'BLE MR. JUSTICE ABHAY S. OKA HON'BLE MR. JUSTICE UJJAL BHUYAN

For Petitioner(s) Mr. Sachin Patil, AOR Mr. Geo Joseph, Adv. Mr. Risvi Muhammed, Adv. Mr. Durgesh Gupta, Adv. For Respondent(s)

UPON hearing the counsel the Court made the following O R D E R

Applications seeking exemption from filing a certified copy of the impugned order and exemption from filing official translation are allowed.

Issue notice, returnable after eight weeks. In the meanwhile, there will be stay of the proceedings of

S.C.C. No.648 of 2016 pending before the learned Judicial Magistrate First Class, Kalwan, District Nashik, Maharashtra.

(ASHISH KONDLE) (AVGV RAMU) COURT MASTER (SH) COURT MASTER (NSH)

1. 2024-04-01T17:13:07+0530
2. ASHISH KONDLE

SLP(Crl) No.-004300 - 2024

REKHA SHARAD USHIR v. SAPTASHRUNGI MAHILA NAGARI SAHKARI PATSANSTA LTD.

Factual and Procedural Background

Legal Issues Presented

Arguments of the Parties

Table of Precedents Cited

Court's Reasoning and Analysis

Holding and Implications

REKHA SHARAD USHIR v. SAPTASHRUNGI MAHILA NAGARI SAHKARI PATSANSTA LTD.

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