<p>New Delhi: A bench of Justices J B Pardiwala and R Mahadevan is scheduled to consider on August 8 the special leave petition filed by Shikhar Chemicals, though previously the matter was disposed of.</p><p>In its order on August 4, the bench took a strong exception to the High Court's single judge order, which stated that the criminal proceedings instituted by the complainant in a case of pure civil dispute was justified because it may take considerable time for the complainant to recover the balance amount by preferring a civil suit.</p>.SC refuses urgent listing of plea seeking FIR against Allahabad High Court judge in cash discovery row.<p>The bench said the judge concerned has not only cut a sorry figure for himself but has made a mockery of justice. </p><p>"We are at our wits’ end to understand what is wrong with the Indian Judiciary at the level of High Court. At times we are left wondering whether such orders are passed on some extraneous considerations or it is sheer ignorance of law. Whatever it be, passing of such absurd and erroneous orders is something unpardonable," the bench said.</p><p>Justice Prashant Kumar of the High Court by an order of May 5, 2025 rejected a plea for quashing criminal proceedings pending before the court of Additional Chief Judicial Magistrate-I, Kanpur Nagar for a balance payment of goods supplied to accused M/s Shikhar Chemicals.</p><p>The judge justified it, saying it may take considerable time for the complainant to recover the balance amount by preferring a civil suit.</p><p>Setting aside the High Court's order, the bench said, "The order is one of the worst and most erroneous orders that we have come across in our respective tenures as judges of this court."</p><p>The court asked the Chief Justice of High Court to immediately withdraw the present criminal determination from the concerned judge. </p><p>"The Chief Justice shall make the concerned judge sit in a division bench with a seasoned senior judge of the High Court," the bench said.</p><p>The court further directed that the concerned judge would not be assigned any criminal determination, till he demits office. </p><p>"If at all at some point of time, he is to be made to sit as a single judge, he shall not be assigned any criminal determination," the bench said.</p><p>The court pointed out it was constrained to issue the directions, keeping in mind that the instant order was not the only erroneous order of the concerned judge that it has looked into for the first time. </p><p>"Many such erroneous orders have been looked into by us over a period of time," the bench said.</p>
<p>New Delhi: A bench of Justices J B Pardiwala and R Mahadevan is scheduled to consider on August 8 the special leave petition filed by Shikhar Chemicals, though previously the matter was disposed of.</p><p>In its order on August 4, the bench took a strong exception to the High Court's single judge order, which stated that the criminal proceedings instituted by the complainant in a case of pure civil dispute was justified because it may take considerable time for the complainant to recover the balance amount by preferring a civil suit.</p>.SC refuses urgent listing of plea seeking FIR against Allahabad High Court judge in cash discovery row.<p>The bench said the judge concerned has not only cut a sorry figure for himself but has made a mockery of justice. </p><p>"We are at our wits’ end to understand what is wrong with the Indian Judiciary at the level of High Court. At times we are left wondering whether such orders are passed on some extraneous considerations or it is sheer ignorance of law. Whatever it be, passing of such absurd and erroneous orders is something unpardonable," the bench said.</p><p>Justice Prashant Kumar of the High Court by an order of May 5, 2025 rejected a plea for quashing criminal proceedings pending before the court of Additional Chief Judicial Magistrate-I, Kanpur Nagar for a balance payment of goods supplied to accused M/s Shikhar Chemicals.</p><p>The judge justified it, saying it may take considerable time for the complainant to recover the balance amount by preferring a civil suit.</p><p>Setting aside the High Court's order, the bench said, "The order is one of the worst and most erroneous orders that we have come across in our respective tenures as judges of this court."</p><p>The court asked the Chief Justice of High Court to immediately withdraw the present criminal determination from the concerned judge. </p><p>"The Chief Justice shall make the concerned judge sit in a division bench with a seasoned senior judge of the High Court," the bench said.</p><p>The court further directed that the concerned judge would not be assigned any criminal determination, till he demits office. </p><p>"If at all at some point of time, he is to be made to sit as a single judge, he shall not be assigned any criminal determination," the bench said.</p><p>The court pointed out it was constrained to issue the directions, keeping in mind that the instant order was not the only erroneous order of the concerned judge that it has looked into for the first time. </p><p>"Many such erroneous orders have been looked into by us over a period of time," the bench said.</p>
