M/S SHIKHAR CHEMICALS versus THE STATE OF UTTAR PRADESH & ANR.
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[2025] 9 S.C.R. 108 : 2025 INSC 945 M/s Shikhar Chemicals v. The State of Uttar Pradesh & Anr. (Special Leave Petition (Criminal) No. 11445 of 2025) 08 August 2025 [J.B. Pardiwala and R. Mahadevan, JJ.] Issue for Consideration Reconsideration of the directions issued in the order dated 04.08.2025 in view of the request made by the Chief Justice of India. Headnotes† Directions by Supreme Court – Recall/deletion of – Vide order dated 04.08.2025, this Court set aside the impugned judgment of the High Court of Allahabad wherein the concerned Judge had declined to quash the criminal complaint despite the matter being a purely civil dispute of recovery of money and held that the remedy of the civil suit for the said purpose was unreasonable – Matter was remanded back to High Court and directions were issued requesting the Chief Justice of the High Court to withdraw the criminal roster from the concerned Judge till his retirement and make him sit in a Division Bench with a senior judge – Letter from the Chief Justice of India requesting to reconsider the aforesaid directions: Held: Intention was not to cause embarrassment or cast aspersions on the concerned Judge – Directions were issued keeping in mind that the impugned order was not the only erroneous and perverse order of the concerned Judge that was looked into for the first time rather, many such erroneous orders had come up over a period of time – It was not just a matter of error or mistake committed by the Judge concerned in appreciating the legal points or facts however, this Court was concerned about the appropriate direction to be issued in the interest of justice and to protect the honour and dignity of the institution – However, in due deference to the written request made by the Chief Justice of India, directions in paras 25 and 26 deleted from order dated 04.08.2025. [Paras 4, 6, 7] Justice delivery system – Judiciary – Honour and dignity of – Protection of – Duty of Courts/Judges. [Paras 6, 11, 12] [2025] 9 S.C.R. 109 M/s Shikhar Chemicals v. The State of Uttar Pradesh & Anr. Case Law Cited Rikhab Birani & Anr. v. State of Uttar Pradesh & Anr., 2025 INSC 512 – referred to. List of Acts Constitution of India. List of Keywords Reconsideration of the directions; Request made by Hon’ble the Chief Justice of India; Letter from the Chief Justice of India; Recall of directions; Directions deleted; Directions recalled; Request to the Chief Justice of the High Court; Withdrawal of criminal roster from the concerned Judge; Concerned Judge; Request to make the concerned Judge sit with a senior Judge; Constitutional responsibility of Supreme Court; Appellate jurisdiction under Article 136 of the Constitution of India; Honour and dignity of judiciary; Perverse and unjust orders from High Court; Administrative power of the Chief Justice of the High Court; Master of the roster; Institutional concerns; Rule of law; Justice delivery system. Case Arising From EXTRAORDINARY APPELLATE JURISDICTION: Special Leave Petition (Criminal) No. 11445 of 2025 From the Judgment and Order dated 05.05.2025 of the High Court of Judicature at Allahabad in A482 No. 2507 of 2024 Appearances for Parties Advs. for the Petitioner: Surjadipta Seth, Arindam Ghosh. Judgment / Order of the Supreme Court Order 1. We have received an undated letter from Hon’ble the Chief Justice of India requesting us to reconsider the directions issued by us in Paras 25 and 26 respectively of our order dated 04th August, 2025 passed in Special Leave Petition (Crl.) No. 11445 of 2025. 110 [2025] 9 S.C.R. Supreme Court Reports 2. In such circumstances, referred to above, we directed the Registry to re-notify the main matter for the purpose of considering the request made by Hon’ble the Chief Justice of India. Accordingly, the matter has been re-notified today. 3. By our order dated 4th August, 2025, we set aside the impugned judgment of the High Court of Allahabad and remanded the matter to the High Court for fresh consideration in accordance with law. While partly allowing SLP (Crl.) No. 11445 of 2025, we observed the following:- “22. In the result, we partly allow this petition and set aside the impugned order passed by the High Court. We remand the matter to the High Court for fresh consideration of the Criminal Miscellaneous Application No.2507 of 2024. The quashing petition shall be reheard on its own merits keeping in mind the dictum laid in the two decisi
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