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Supreme Court - Daily Orders

Dashrath Nath Shukla vs The State Of Uttar Pradesh on 11 March, 2019

Bench: A.M. Khanwilkar, Ajay Rastogi

                                                      1

     ITEM NO.60                            COURT NO.9                   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).   10840/2018

     (Arising out of impugned final judgment and order dated 21-08-2018
     in CRMWP No. 22283/2018 passed by the High Court Of Judicature At
     Allahabad)

     DASHRATH NATH SHUKLA                                                Petitioner(s)

                                                  VERSUS

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

     (FOR ADMISSION and I.R. and IA No.179768/2018-EXEMPTION FROM FILING
     O.T. and IA No.179767/2018-PERMISSION TO FILE SYNOPSIS AND LIST OF
     DATES and IA No.179766/2018-PERMISSION TO FILE ADDITIONAL
     DOCUMENTS/FACTS/ANNEXURES)

     Date : 11-03-2019 This petition was called on for hearing today.

     CORAM :
                         HON'BLE MR. JUSTICE A.M. KHANWILKAR
                         HON'BLE MR. JUSTICE AJAY RASTOGI

     For Petitioner(s)              Mr.   R.K. Dash, Sr. Adv.
                                    Mr.   Amit Sharma, AOR
                                    Mr.   Dipesh Sinha, Adv.
                                    Ms.   Ayiala Imti, Adv.

     For Respondent(s)              Mr. Anupam Mishra, AOR
     No.3

     R.1 & 2                        Ms. Srishti Singh, AOR
                                     Ms. N. Fatima, Adv.

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

Heard counsel for the parties.

Permission to file additional documents is Signature Not Verified Digitally signed by granted. NEETU KHAJURIA Date: 2019.03.13 13:17:23 IST Reason: Application for exemption from filing official translation is allowed. 2 Counsel for respondent No.3, on instructions, submits that charge-sheet has already been filed in connection with the subject F.I.R. i.e. No.0307 of 2018 dated 30.07.2018 P.S. Kotwali, District Ballia, Uttar Pradesh.

In that case, we decline to entertain this petition with liberty to the petitioner to take recourse to appropriate proceedings to challenge the charge-sheet before the High Court in accordance with law.

By way of indulgence, we continue the interim order passed on 14th January, 2019 that no coercive action be taken against the petitioner in connection with the aforesaid F.I.R. for a period of four weeks from today.

Special leave petition is disposed of in the above terms.

 (NEETU KHAJURIA)                            (VIDYA NEGI)
   COURT MASTER                              COURT MASTER