Supreme Court - Daily Orders
The State Of Madhya Pradesh vs Upendra @ Bhura Yadav on 10 January, 2018
Bench: Arun Mishra, Mohan M. Shantanagoudar
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 50 OF 2018
@ SPECIAL LEAVE PETITION (CRL.)NO. 178 OF 2016
THE STATE OF MADHYA PRADESH Petitioner(s)
VERSUS
UPENDRA @ BHURA YADAV Respondent(s)
O R D E R
Leave granted.
Heard the learned counsel for the parties. We find that after perusal of the statement, it is a fit case in which the leave should have been granted by the High Court. The High Court has erred in not granting leave to appeal. The case requires appreciation of the evidence at length. Without commenting on the merits of the case, we set aside the impugned order to allow leave to file appeal and request the High Court to decide the appeal, in accordance with law on merits.
Hence, we set aside the impugned order of the High Court and allow this appeal.
……………….………………………………….J (ARUN MISHRA) Signature Not Verified ……………………………………………………….J Digitally signed by BALA PARVATHI Date: 2018.01.11 (MOHAN M. SHANTANAGOUDAR) 17:03:19 IST Reason:
NEW DELHI:
JANUARY 10, 2018 ITEM NO.36 COURT NO.10 SECTION II-A 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).178/2016 (Arising out of impugned final judgment and order dated 09-04-2015 in MCRC No. 1797/2015 passed by the High Court Of M.P At Gwalior) THE STATE OF MADHYA PRADESH Petitioner(s) VERSUS UPENDRA @ BHURA YADAV Respondent(s) (FOR EXEMPTION FROM FILING O.T.ON IA 4523/2017) Date : 10-01-2018 These matters were called on for hearing today. CORAM :
HON'BLE MR. JUSTICE ARUN MISHRA HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR For Petitioner(s) Mr. Naveen Sharma, Adv.
Mr. Arjun Garg, AOR For Respondent(s) Mr. Abhay Dixit, Adv.
Mr. Jitendra Dixit, Adv.
Ms. Anjali Dixit, Adv.
Ms. Manju Jetley, AOR UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeal is allowed in terms of the signed order.
(B.PARVATHI) (JAGDISH CHANDER) COURT MASTER COURT MASTER
(Signed order is placed on the file)