JUDGEMENT
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(1.)The instant review petition has been filed for review of our order
dated 8th August, 2013 dismissing Special Leave Petition (Criminal) No.
5911 of 2013 (Kishore Samrite vs. State of M.P.), in limine. The aforesaid
special leave petition was filed challenging the order dated 6th May, 2013
passed by the Madhya Pradesh High Court in Criminal Appeal No. 27 of 2010
whereby the petitioner's prayer for stay of conviction under Section
435/149, 332/149, 427/149, 147 of the Indian Penal Code and Section 3(1)(x)
of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)
Act, 1989 was rejected. Review of the Order has been sought for mainly on
the following grounds:
"ii. BECAUSE as it has been stated herein above on 27.07.2012
the relevant order was passed for listing the another SLP
of the Petitioner before a Bench of which Hon'ble Mr.
Justice Chandramauli Kr. Prasad was not a member and
again on 06.08.2013 similar order was passed in the
Review Petition filed by the Petitioner i.e. just 2 days
prior to the passing of the impugned order in the present
case and considering the said orders passed the present
SLP filed by the Petitioner ought not to have been heard
on 08.08.2013 by the Bench since Hon'ble Mr. Justice
Chandramauli Kr. Prasad was a member of the said Bench
and instead the judicial norm and propriety required that
the matter should have been listed before another Bench
in order to maintain the consistency and the propriety
and also in the interest of justice.
iii. BECAUSE it is further relevant to point out that Shri
Ardendumauli Kr. Prasad, Advocate was engaged by the
Petitioner herein in 2005 for filing the Writ Petition
before this Hon'ble Court and the said petition was filed
by his counsel through Shri Kishan Datta, Advocate On
Record and the same was duly argued by his above noted
counsel and hence considering this aspect also the
petition should not have been heard by the Bench on
08.08.2013 and hence the impugned order deserves to be
set aside and the SLP deserves to be heard afresh.
iv. BECAUSE it would be more appropriate and proper and also
in order to maintain the dignity of this Hon'ble Court if
the present Review Petition is allowed and the SLP is
heard afresh."
(2.)The petitioner has stated that Special Leave Petition (Criminal)
No. 2817 of 2011 (Kishore Samrite vs. State of U.P. & Ors.) was listed on
27.07.2012 and on that date this Court passed the following order:
"List before a Bench of which Hon'ble Mr. Chandramauli
Kr. Prasad is not a member."
(3.)Aforesaid special leave petition was filed by the petitioner
challenging the Order dated 7th March, 2011 passed by the Allahabad High
Court in Writ Petition No. 111 of 2011. Writ Petition No. 111 of 2011 was
filed by the petitioner, an Ex. Member of Legislative Assembly, acting as
next friend, for issuance of a writ in the nature of Habeas Corpus for
production of a young girl of 22 years and her parents alleging that Shri
Rahul Gandhi, Member of Parliament, had confined them in illegal detention.
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