Ramesh Naik 03 February 2025

Filing ia in disposed slp criminal in supreme court

A order of converting acquittal to conviction was passed in Criminal appeal high court in cheque bounce case violating section 401(3) of crpc.a SLP criminal was filed challenging same supreme court dismissed SLP on ground that appellant did not deposit 100 percent of cheque amount.now the cheque amount has been deposited in trial court.also There is fresh order in high court on IA filed challenging conversion of acquittal into conviction with out refering for retrial in trial court.can a IA be filed in dismissed SLP in supreme court for recall of earlier order and rehear the matter to pass orders on merits .pl give me information.also I want to have a amicus curie in supreme court to represent me. I request for kind help.or there any alternative remidies under aricles of constitution.

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Vishesh K Sapra (Advocate Delhi High Court and Supreme Court) 03 February 2025

Yes, you can file an Interlocutory Application (IA) in the dismissed Special Leave Petition (SLP) before the Supreme Court seeking a recall of the earlier order and a rehearing of the matter on merits. The key ground for this application would be that the cheque amount has now been deposited in the trial court, which was the reason for the dismissal earlier. You can argue that since the compliance is now met, the case should be heard on merits, especially since the conversion of acquittal into conviction violates Section 401(3) of the CrPC, which bars such a conversion without a retrial.

Additionally, you may explore alternative constitutional remedies under Article 136 (special leave to appeal), Article 226 (writ jurisdiction in the High Court), or Article 32 (writ jurisdiction in the Supreme Court if there is a fundamental rights violation). Filing a Review Petition in the Supreme Court is also an option if there is a clear error in the previous order.

If you wish to have an amicus curiae (a court-appointed lawyer to assist in the case), you can request the Supreme Court to appoint one, stating that your case involves a significant legal issue and requires expert legal assistance. You may also approach the Supreme Court Legal Services Committee (SCLSC) for legal aid if needed.

It is advisable to consult a senior advocate with experience in Supreme Court matters to draft and file the appropriate application. If needed further help get in touch with me at 888-215-3399 on WhatsApp.