Supreme Court of India
MUKESH versus STATE OF NCT OF DELHI on 19 March 2020
550
[2020] 4 S.C.R. 550
SUPREME COURT REPORTS
[2020] 4 S.C.R.
A
MUKESH
v.
STATE OF NCT OF DELHI
(Writ Petition (Criminal) No. 119 of 2020)
B
MARCH 19, 2020
[R. BANUMATHI, ASHOK BHUSHANAND A.S. BOPANNA, JJ.]
Nirbhaya Case – Writ petition filed u/Art.32 by one of theconvict raising points on merits of the matter– Held: Petitioner wasCgiven sufficient opportunity and was convicted after considerationof the evidence – Conviction was upheld in appeal by High Court –Crl. Appeal Nos. 607-608 of 2017 titled Mukesh & Anr. v. State ofNCT of Delhi &Ors.reported as [2017] 6 SCR 1 were dismissed bySupreme Court – Subsequently, Review Petition (Crl.) No.570 ofD2017 filed by the petitioner reported as [2018] 7 SCR 898 was alsodismissed – Curative Petition (R) No.6 of 2020 there against wasalso dismissed – Petitioner’s Mercy Petition also rejected by thePresident of India – Writ petition filed u/Art.32 challenging the saidOrder was also dismissed – Petitioner also filed criminal revisionpetition before Patiala House Courts – Dismissed – Criminal RevisionEPetition No.237 of 2020 filed by the petitioner challenging the saidOrder was also dismissed by High Court – No ground to entertainthis writ petition – Constitution of India – Art.32.
CRIMINAL ORIGINAL JURISDICTION: Writ Petition(Criminal) No. 119 of 2020.F
(Under Article 32 of The Consitution of India)
Manohar Lal Sharma, Ms. Suman and Deepak Goel, Advs. forthe Petitioner.
Chirag M. Shroff, Adv. for the Respondent.GThe following Order of the Court was passed:
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O R D E R
1. We have heard Mr. Manohar Lal Sharma, learned counselappearing for Mukesh- the convict.H
2. In this writ petition, the petitioner has raised the points on meritsof the matter:- (i) That there was no proper consideration of evidence;(ii) regarding the disability of Ram Singh (accused no.1) who subsequentlyallegedly committed suicide in the prison; and (iii) raising doubts aboutthe arrest of the petitioner at Karoli, Rajasthan and inter alia on otherpoints.
3. The petitioner was afforded sufficient opportunity and afterconsideration of the evidence, the petitioner has been convicted whichwas upheld in appeal by the High Court, by the judgment dated 13.03.2014.The criminal appeal filed before this Court was heard at length and thepoints raised by the accused herein were considered in Crl.Appeal Nos.607-608 of 2017 – Mukesh & Anr. v. State of NCT of Delhi & Ors. andwere dismissed by the judgment of this Court dated 05.05.2017.Subsequently, Review Petition (Crl.) No.570 of 2017 filed by the petitionerherein was dismissed by the judgment of this Court on 09.07.2018.Curative petition(R) No.6 of 2020 filed by the petitioner was also dismissedby this Court on 14.01.2020. Mercy Petition of Mukesh was also rejectedby His Excellency the President of India on 17.01.2020. The writ petitionfiled under Article 32 of the Constitution of India challenging the Orderof rejection of Mercy Petition was also dismissed by this Court on29.01.2020.
4. The petitioner has filed the criminal revision petition before thePatiala House Courts which came to be dismissed by the AdditionalSessions Judge, Patiala House Courts, New Delhi dated 17.03.2020.Criminal Revision Petition No. 237 of 2020 filed by the petitioner-Mukeshchallenging the said Order dated 17.03.2020 was also dismissed by theHigh Court on 18.03.2020.
5. In view of above and also considering the submissions of thelearned counsel for the petitioner, we do not find any ground to entertainthis writ petition filed under Article 32 of the Constitution of India.
6. The writ petition is accordingly dismissed.
7. Pending applications, if any, shall also stand disposed of.
Divya Pandey
Writ Petition dismissed.
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