This documents what looks like insurmountable problems in the Special Leave Petition I am Petitioner in representing my mother. This Special Leave Petition (Crl) D.No.42384/2023 arises from Writ Petition No.19222 of 2022. The learned Single Judge, Mr.Justice Hemant Chandangoudar, High Court of Karnataka, on 06.10.2023, suo motu vacated the interim order granting stay of proceedings of Criminal Appeal No.1215/2019.
| PETITIONERS | RESPONDENTS |
|---|---|
| 1. SHILPA MUNIKEMPANNA | 1. NAGARAJ S/O DODDANNA |
| 2. SUSHEELA V [Represented by Rashmi Munikempanna] | 2. N.S.VIJAYA BHASKAR REDDY |
| 3. M.AMARANATHA |
The Writ Petition that we filed, in 2022, seeks the quashing of all criminal proceedings stemming from P.C.R.No.5718/2010. We seek the quashing on the grounds inter alia of fraud, of fabrication of order of cognisance, of evidence tampering, forging of Judges’ signatures, false evidence and the criminal case being prosecuted by a fake advocate, M.Amaranatha. You can read more about the Writ Petition from which this SLP arises out of here:
In-Justice Clock for the same below:
This in turn arises out of P.C.R.No.5718 of 2010 filed in the court of the XIV Additional Chief Metropolitan Magistrate Court, Mayo Hall, Bengaluru. This resulted in my mother’s conviction. This is currently at the stage of arguments in appellate proceedings in Criminal Appeal No.1215/2019 on the file of the LII Additional City Civil and Sessions Judge, Bengaluru City.
In-Justice Clock for the same below:
Delay in Notification of Defects
My sister and I (as power of attorney holder for my mother) filed this SLP. We filed the SLP(Crl.) on 11.10.2023. Scrutiny objections were not notified on time. My sister wrote several emails. Reproduced below.
RTI Application to the Supreme Court and Reply Concerning Non-Notification of Defects in Special Leave Petition (Crl.)
I filed an RTI application seeking information on the non-notification of defects. The application and reply is reproduced below.
Arbitrary Change of Dates in Listing
Scrutiny Objections were finally notified on 30.10.2023. We complied by 02.11.2023.
The SLP was verified on 10.11.2023. It was tagged along with another Special Leave Petition (Civil) we had filed. Both were tentatively listed for 08.12.2023. Since the appellate court has posted the matter for 21.12.2023 there was no need to panic but wait for the 8th.
It is pertinent to point out here that listings depend on who files it. Cases filed by advocates are posted within the week. Petitioners-in-person who file have to wait for four weeks for listing. This is to accommodate the interaction with the Registrar that litigants representing themselves have to do.
Both the SLPs reflected as de-tagged on 26.11.2023. Consequentially the Special Leave Petition (Crl.) was listed for 05.01.2024.
This was problematic on a lot of fronts. Firstly my sister has already appeared in person in the Supreme Court before. As such a second interaction with the Registrar of the Supreme Court is unnecessary. Secondly we had filed a letter of urgency along with the Petition. Since this concerns the life and liberty of my mother. Finally this arbitrariness in listing is indigestible. Since it is in violation of the Supreme Court circular on automatic listing. My sister wrote a letter to the Registrar seeking an earlier date. Reproduced here below.
My sister submitted a mentioning memo on 02.12.2023 seeking a listing for mentioning on 04.12.2023. No response. Even though the Supreme Court of India declared the week beginning December 11th as a miscellaneous week.
