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2002 DIGILAW 337 (SC)

J. Jayalalitha v. M. Chenna Reddy

2002-02-28

ARIJIT PASAYAT, N.SANTOSH HEGDE, R.C.LAHOTI, RUMA PAL, S.P.BHARUCHA

body2002
JUDGMENT : S.P. Bharucha, CJI., R.C. Lahoti, N. Santosh Hegde, Ruma Pal, JJ. Civil Appeal No. 5605/1995 : Applications for intervention are dismissed. 2. By an order dated 13th February, 1996, this appeal was directed to be heard by a Constitution Bench, having regard to the constitutional importance of the issues raised, which are stated in that order. 3. Learned counsel for the appellant now seeks leave to withdraw this appeal for the reason that the appellant has been acquitted in the criminal proceedings that were subsequently commenced on the basis of fresh sanction for prosecution in regard to the subject matter of this appeal. He submits that the questions of law may be left open and the appellant may be permitted to raise those questions, if so required, in the context of other criminal proceedings taken against her, also in pursuance of similar sanctions. 4. The appeal is dismissed as withdrawn. The issues involved in the appeal are left open for decision in appropriate proceedings. 5. It is brought to our notice that other proceedings in this Court where similar issues are involved await the decision of this appeal. It may now be necessary to refer one or more of such matters to a Constitution Bench for decision. 6. No order as to costs. Contempt Petition (C) No. 544/1996 : 7. This petition may now be placed before a Bench of two learned Judges for disposal. Order accordingly.