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TMI Blog2024 (9) TMI 1352X X X X Extracts X X X X X X X X Extracts X X X X ..... is Court relegated the writ petitioners to the jurisdictional High Courts for challenging the FIRs registered against them, certain errors crept in by oversight while doing so. As regards FIR No. 197 of 2023, this Court directed that no coercive steps should be taken in relation thereto against the petitioner financial institution and its people till final disposal of such a petition by the High Court. Having said that, this Court went on to observe that it would be open to the writ petitioners to seek stay of proceedings in relation thereto, which was to be considered by the High Court on merits. When a party is relegated to the High Court to pursue its remedies, it would not be proper, in the normal course, to bind the said High Court with directions in relation to the proceedings to be impugned before such Court. Ordinarily, this Court would leave all issues open for the party so relegated to raise and pursue before the High Court. The miscellaneous applications and the interlocutory applications are disposed of accordingly. - SANJAY KUMAR And ARAVIND KUMAR , JJ. JUDGMENT SANJAY KUMAR , J 1. Writ Petition (Crl.) No. 166 of 2023 was filed by Gagan Banga and Indiabulls Housing F ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... /06/2023 based on the said FIR and the earlier FIR No. 427 dated 09.04.2023. By way of I.A. No. 122410 of 2023, they sought stay of further proceedings pursuant to FIR No. 197 of 2023 and ECIR No. ECIR/HIU-I/06/2023. I.A. No. 122413 of 2023 was filed by them seeking to bring on record additional facts and include an additional prayer to quash FIR No. 197 of 2023 dated 15.04.2023 and ECIR No. ECIR/HIU-1/06/2023 in so far as they were concerned. 5. The writ petition was taken up for hearing on 04.07.2023 and disposed of with directions. The final order records that the IAs for im00.pleadment and to bring on record additional facts were both allowed. Taking note of the facts of the case, this Court deemed it appropriate to permit the writ petitioners to approach the jurisdictional High Courts to challenge all four FIRs and the ECIR within two weeks, requesting the High Courts to consider and decide the petitions expeditiously and not later than six months from the date of their presentation. Till the final disposal of the respective petitions, the earlier interim order dated 28.04.2023 passed in the writ petition in respect of the first three FIRs was directed to continue. 6. As regar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ate, New Delhi, sought recall of the order as it was not heard before the disposal of the case with directions adverse to it. 10. It is well settled that, ordinarily and in the usual course, this Court would be averse and opposed to entertaining miscellaneous applications in disposed of cases. In Jaipur Vidyut Vitran Nigam Ltd. and others vs. Adani Power Rajasthan Ltd. and another (2024) 3 SCR 1023 = 2024 INSC 213 , this Court observed that post-disposal applications for modification and clarification of the disposal order shall lie only in rare cases, where the order passed by this Court is executory in nature and the directions become impossible to implement due to subsequent developments. Reference was made to Supertech Ltd. vs. Emerald Court Owner Resident Welfare Association and others (2023) 10 SCC 817 , wherein this Court had found that the miscellaneous application filed in that disposed of case was to seek substantive modification of the judgment and held that such an attempt is not permissible by way of a modification/ clarification application. In that context, the caselaw, set out below, on the maintainability of such applications was considered at length. 11. In Delhi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xercising such power. 13. As pointed out by this Court in V. K. Jain v. High Court of Delhi through Registrar General and others (2008) 17 SCC 538 , our legal system acknowledges the fallibility of Judges. Though this observation was made in the context of Judges of the District Judiciary, it would be equally applicable to those in higher echelons of the judicial hierarchy. As Courts of record, it is necessary that Constitutional Courts recognize errors that may have crept into their judicial orders and rectify the same when called upon to do so. In Rajendra Prasad Arya v. State of Bihar (2000) 9 SCC 514 , this Court observed that there can be no dispute with the proposition that the Court always has the power to rectify any mistake committed by it. Being the Court of the last resort, this Court would not shy away from acknowledging any mistakes in its orders and would be ready to set right such wrongs. 14. It is a settled principle that no adverse order should be passed against a party without hearing it. This is the fundamental principle of natural justice and it is a basic canon of jurisprudence (see Asit Kumar Kar vs. State of West Bengal and others (2009) 2 SCC 703 ). The appl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ch proceedings before the High Court. Once, no coercive steps were permitted in connection with the said FIR till the final disposal of the petition which was to be filed, the question of permitting the petitioners to again seek stay of proceedings in relation to the said FIR before the High Court was unnecessary. 17. Further, the stay of proceedings granted by this Court in the writ petition, in relation to the first three FIRs, was directed to continue till the disposal of the writ petitions to be filed before the High Courts. When a party is relegated to the High Court to pursue its remedies, it would not be proper, in the normal course, to bind the said High Court with directions in relation to the proceedings to be impugned before such Court. Ordinarily, this Court would leave all issues open for the party so relegated to raise and pursue before the High Court. In Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra and others (2021) SCC OnLine SC 315 = 2021 INSC 253 , a 3-Judge Bench of this Court laid down guidelines for exercise of power under Section 482 CrPC, cautioning that criminal proceedings ought not to be scuttled and Courts, in the usual course, should not t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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