Supreme Court - Daily Orders
Rajeev Kumar Bassi vs The State Of Uttar Pradesh on 6 April, 2023
Author: M.M. Sundresh
Bench: M.M. Sundresh
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IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. OF 2023
(arising out of SLP (Crl.) No. 3060 of 2018)
RAJEEV KUMAR BASSI ..... APPELLANT(S)
VERSUS
THE STATE OF UTTAR PRADESH & ORS. ..... RESPONDENT(S)
O R D E R
Leave granted.
The primary grievance of the appellant – Rajeev Kumar Bassi is to the observations made by the Additional District Judge, E.C. Act, Meerut in the order dated 28.03.2014 on the summoning order dated 19.12.2013 for the offence under Section 304 of the Indian Penal Code, 1860(IPC).
In the present case, the summoning order passed by the trial court was challenged by the respondents before the sessions court and an order of remand to the trial court has been passed. In this background, we do not think that the sessions court was justified in restricting the scope and ambit of re-examination by the trial court.
We clarify that the observations made in the order dated 28.03.2014, as affirmed by the High Court in the impugned judgment dated 28.02.2018, would not come in the way of the trial court in Signature Not Verified Digitally signed by BABITA PANDEY Date: 2023.04.11 examining 18:26:37 IST Reason: the issues in question, including whether or not a summoning order should be passed and, in case, it is of the opinion that a summoning order should be passed, it shall examine the 2 relevant sections/ provisions under which the accused should be summoned.
Recording the aforesaid, the appeal is partly allowed and disposed of in the aforesaid terms. We clarify that we have not made observation on the merits and all questions on facts and law are left open. Pending application(s), if any, shall stand disposed of.
..................J. (SANJIV KHANNA) ..................J. (M.M. SUNDRESH) NEW DELHI;
APRIL 06, 2023.
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ITEM NO.19 COURT NO.7 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). 3060/2018
(Arising out of impugned final judgment and order dated 28-02-2018 in CRLR No. 1616/2014 passed by the High Court of Judicature at Allahabad) RAJEEV KUMAR BASSI Petitioner(s) VERSUS THE STATE OF UTTAR PRADESH & ORS. Respondent(s) Date : 06-04-2023 This petition was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE M.M. SUNDRESH For Petitioner(s) Mr. Siddharth Mittal, AOR Mr. Kshitiz Chauhan, Adv. Mr. Vaibhav Tomar, Adv.
Ms. Shilpa G Mittal, Adv.
Ms. Pushplata Choudhary, Adv.
For Respondent(s) Mr. A.K. Srivastava, Sr. Adv.
Mr. T.N. Saxena, Adv.
Mr. H.C. Kharbanda, Adv.
Mr. Vipin Kumar Saxena, Adv. Mr. Amit Garg, Adv.
Mr. Yash Pal Dhingra, AOR UPON hearing the counsel, the Court made the following O R D E R Leave granted.
The appeal is partly allowed and disposed of in terms of the signed order.
Pending application(s), if any, shall stand disposed of.
(BABITA PANDEY) (R.S. NARAYANAN) COURT MASTER (SH) COURT MASTER (NSH) (Signed order is placed on the file)