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Supreme Court - Daily Orders

Meenakshi Kumari vs State Of Uttar Pradesh Through Its ... on 19 April, 2016

Bench: J. Chelameswar, Abhay Manohar Sapre

                                                  1

     ITEM NO.601                           COURT NO.5                  SECTION X

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

     CRLMP. 6370/2016 in Writ Petition(s)(Criminal)                 No(s). 143/2015

     MEENAKSHI KUMARI                                                  Petitioner(s)

                                                 VERSUS

     STATE OF UTTAR PRADESH & ORS.                                     Respondent(s)

     (for directions and office report)

     Date : 19/04/2016 This application was called on for hearing today.

     CORAM :
                          HON'BLE MR. JUSTICE J. CHELAMESWAR
                          HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE

     For Petitioner(s)              Mr. Rahul Tyagi,Adv.
                                    Mr. Vivek Singh,Adv.
                                    Mr. Mohit Sharma,Adv.


     For Respondent(s)              Mr P.N. Misra,Sr.Adv.
                                    Mr. Abhisth Kumar,Adv.
                                    Mr. Som Raj Chaudhary,Adv.
                                    Mr. Abhishek Yadav,Adv.

                                    Mr. Kumar Parimal,Adv.
                                    Mr. B. V. Balaram Das,Adv.

                                     Ms. Kamakshi S. Mehlwal,Adv.

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

The application (Crl.M.P.No.6370/2016) for direction is filed by the petitioner with the prayer as follows:

“(a)Direct the investigating officers of Case Crime Nos.407/15 u/s 376 IPC dated 08.09.2015, P.S. Khekra District Baghpat to summon, preserve and Signature Not Verified investigate the CDRs of the mobile numbers of the Digitally signed by OM PARKASH SHARMA Date: 2016.04.19 persons mentioned in the para8 of this application. 16:28:30 IST Reason:
(b) Pass such other or further orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.” 2 Heard learned counsel for the applicant-petitioner and Mr. P.N. Misra, learned senior counsel appearing on behalf of State of Uttar Pradesh..

Accepting the reasons stated in the application, the application (Crl.M.P.No.6370/2016) is allowed, as prayed for.

The respondent-State of U.P. is directed to take necessary steps to preserve and investigate the CDRs of the mobile numbers of the various persons as mentioned in para 8 of the instant application.

Having regard to the nature of the dispute, we also deem it appropriate to implead Krishna, daughter of Ram Niwas, resident of Village Sankrod, Baghpat, Uttar Pradesh as party respondent in the instant Writ Petition (Crl.)No.143/2015.

Issue notice to the newly impleaded respondent. Registry to take necessary steps in this regard.

Mr. Abhisth Kumar, learned counsel for the State of U.P. undertakes to have copy of this order served on the above mentioned impleaded respondent- Krishna, through concerned Police Station and file proof of the service.

List the writ petition after summer vacation.

   [O.P. SHARMA]                                         [INDU BALA KAPUR]
    AR-cum-PS                                              COURT MASTER