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Hazi Mushahid vs The State Of Uttar Pradesh on 18 January, 2022

Bench: Sanjay Kishan Kaul, M.M. Sundresh

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     ITEM NO.10                     Court 6 (Video Conferencing)                  SECTION II

                                    S U P R E M E C O U R T O F I N D I A
                                              RECORD OF PROCEEDINGS

     Petition(s) for Special Leave to Appeal (Crl.)                         No(s).   8503/2021

     (Arising out of impugned final judgment and order dated 09-09-2021
     in CRMBA No. 10434/2021 passed by the High Court Of Judicature At
     Allahabad)

     HAZI MUSHAHID                                                               Petitioner(s)

     VERSUS

     THE STATE OF UTTAR PRADESH & ANR.                                           Respondent(s)

     Date : 18-01-2022 This petition was called on for hearing today.

     CORAM :
                                    HON'BLE MR. JUSTICE SANJAY KISHAN KAUL
                                    HON'BLE MR. JUSTICE M.M. SUNDRESH

     For Petitioner(s)                    Mr.    Pardeep Gupta, Adv.
                                          Mr.    Parinav Gupta, Adv.
                                          Ms.    Mansi Gupta, Adv.
                                          Mr.    Krishna Kumar, Adv.
                                          Ms.    Nandani Gupta, Adv.
                                          Dr.    (Mrs.) Vipin Gupta, AOR

     For Respondent(s)                    Mr. Rauf Rahim, AOR

                                          Mr. Ajay Vikram Singh, AOR
                                          Mrs. Priyanka Singh, Adv.
                                          Mr. Chandra Shekhar, Adv.

                         UPON hearing the counsel the Court made the following
                                             O R D E R

An adjournment letter has been circulated by learned counsel for the State.

We, however, fail to appreciate why four weeks’ time is required to file counter affidavit and that too after some many Signature Not Verified months in a matter of bail.

Charanjeet kaur Date: 2022.01.18

We grant one week’s time to the 17:25:24 IST Reason:

respondents to file their counter affidavit.

Learned counsel for the complainant has drawn our attention to  2 page 73 (Annexure P/8) which is under Section 161 Cr.P.C. statement of Dr. Shammi Kapur which seeks to suggest that there is no Surgeon in the District Hospital Sambhal and thus, Naseem Jahan had to be referred to the District Hospital, Moradabad. She passed away after 10 days. He submits that it is most unfortunate that no treatment could be given at Sambhal when the injuries were stated to be general in nature.

Learned counsel for the State to verify the reasons for the absence of any Surgeon in the District Hospital, Sambhal and a separate affidavit be filed in this behalf also within a week. Rejoinder affidavit, if any be filed within a week thereafter. List on 08.02.2022.

(ASHA SUNDRIYAL)                                (POONAM VAID)
ASTT. REGISTRAR-cum-PS                         COURT MASTER (NSH)