The bench comprising of Justice Manmohan and Justice Sangita Dhingra Sehgal passed judgment in the case titled Mukesh Kumar v. Union of India & ors.
Writ petition was filed under Articles 226 and 227 of the Constitution of India read with Section 482 Cr.P.C. challenging the order passed by the learned Additional Sessions Judge, Patiala House Courts, New Delhi to set aside the date of execution.
The Delhi High Court stated that,
“If the petitioner is of the opinion that the date of execution mentioned in the impugned order needs to be set aside in view of any subsequent event, then he must approach the court that passed the impugned order.”
The High Court also put forth its opinion stating, “once the Supreme Court has dismissed the petitioner’s criminal appeal confirming the death sentence as well as the review and curative petitions, the petitioner cannot challenge the Additional Sessions Judge’s order.”
The Court disposed of the present criminal writ petition along with the pending application.
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