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Kishore Samrite Vs. State of M.P. [07/02/14]

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[Special Leave Petition (Criminal) 5911 of 2013]. [Review Petition (Criminal) No. 732 of 2013]. 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, 2013passed by the Madhya Pradesh High Court in Criminal Appeal No. 27 of 2010whereby 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: 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.

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