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Supreme Court - Daily Orders

Melvin Saldanha vs The State Of Uttar Pradesh on 28 April, 2022

Bench: K.M. Joseph, Hrishikesh Roy

     ITEM NO.2                               COURT NO.10                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. 5071/2018
     (Arising out of impugned final judgment and order dated 22-05-2018
     in AS No. 2653/2018 passed by the High Court of Judicature at
     Allahabad, Lucknow Bench)

     MELVIN SALDANHA & ANR.                                              Petitioner(s)
                                     VERSUS
     THE STATE OF UTTAR PRADESH & ANR.                                   Respondent(s)

     (With IA No. 182496/2019 - EX-PARTE STAY and IA No. 83334/2018 -
     EXEMPTION FROM FILING O.T.)

     Date : 28-04-2022 This matter was called on for hearing today.

     CORAM :               HON'BLE MR. JUSTICE K.M. JOSEPH
                           HON'BLE MR. JUSTICE HRISHIKESH ROY

     For Petitioner(s)                 Mr.   Siddharth Dave, Sr. Adv.
                                       Mr.   Anurag Shukla, Adv.
                                       Ms.   Preeti Shukla, Adv.
                                       Ms.   Ishita Mishra, Adv.
                                       Mr.   Sunny Choudhary, AOR
                                       Mr.   Anurag Shukla, Adv.
                                       Ms.   Vidhi, Adv.
                                       Mr.   Ajay Singh, Adv.

     For Respondent(s)                 Mr. Adarsh Upadhyay, AOR
                                       Mr. Arun Kumar Singh, Adv.
                                       Mr. Prangal Sharma, Adv.

                                       Mr.   Ravindra Singh, Sr. Adv.
                                       Mr.   Raman Yadav, Adv.
                                       Mr.   Sharad Chauhan, Adv.
                                       Mr.   Shantanu Singh, Adv.
                                       Mr.   Goutham Shivshankar, AOR

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

Heard Mr. Siddharth Dave, learned senior counsel Signature Not Verifiedappearing for the petitioners, Mr. Adarsh Upadhyay, learned Digitally signed by Nidhi Ahuja Date: 2022.04.29 18:26:04 IST Reason: counsel appearing for the respondent-State and Mr. Ravindra Singh, learned senior counsel appearing for respondent No.2. 1 SLP (Crl.) No. 5071/2018 Through the additional affidavit, the order passed on 14.03.2019 by the first Additional Sessions Judge, Lucknow, rejecting the application for discharge, is brought to the Court’s notice. It is then pointed out that the said order is the subject matter of challenge in the High Court in Criminal Revision No. 604 of 2019.

In the above circumstances, Mr. Siddharth Dave, learned senior counsel, prays for liberty to withdraw the present special leave petition in order to pursue the pending petition in the High Court. Prayer allowed.

Since interim order dated 06.01.2020 is operating staying the proceedings before the trial Court, the same will continue for a period of six months. Thereafter, it will abide by the order to be passed by the High Court.

The contentions raised by the parties are left open to be decided in accordance with law.

The special leave petition is disposed of accordingly.

           (NIDHI AHUJA)                              (RENU KAPOOR)
             AR-cum-PS                               BRANCH OFFICER




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