Tej Prakash Pathak, (2013) 4 SCC 540 doubted K. Manjusree, (2008) 3 SCC 512. If covered by K. Manjusree, in keeping with Tej Prakash Pathak [Salam Samarjeet Singh, (2016) 10 SCC 484 and Sivanandam, (2018) 1 SCC 239], the instant matter must either be Referred to a Larger Bench or must await the decision of the Larger Bench. There is a fundamental distinction between the principle laid down in K. Manjusree and followed in Hemani Malhotra, (2008) 7 SCC 11 on one hand and the situation at present on the other.
– Hon’ble Justice U.U. Lalit, Ram Sharan Maurya v. State of U.P., [Civil Appeal No. 3707 of 2020].
The facts of K. Manjusree, (2008) 3 SCC 512 are quite different from present case.
– Hon’ble Justice M.M. Sundresh, State of Uttar Pradesh v. Karunesh Kumar, [Civil Appeal Nos. 8822-8823 of 2022] decided on 12.12.2022.