Supreme Court - Daily Orders
Ashok Kumar Agarwal @ Ashok Sharraf vs The State Of Uttar Pradesh on 8 October, 2018
Bench: N.V. Ramana, Mohan M. Shantanagoudar
SLP(Crl.)No.7265/18 1
ITEM NO.21 COURT NO.6 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).7265/2018
(Arising out of impugned final judgment and order dated 06-06-2018
in A No.20666/2018 passed by the High Court of Judicature at
Allahabad)
ASHOK KUMAR AGARWAL @ ASHOK SHARRAF Petitioner(s)
VERSUS
THE STATE OF UTTAR PRADESH & ORS. Respondent(s)
(FOR ADMISSION and I.R. and IA No.123899/2018-EXEMPTION FROM FILING
O.T.)
Date : 08-10-2018 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE N.V. RAMANA
HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR
For Petitioner(s) Mr.Neeraj Kishan Kaul, Sr.Adv.
Mr.Girijesh Pandey, Adv.
Ms.Alpana Pandey, Adv.
Mr.Ramjee Pandey, AOR
For Respondent(s) Mr.Siddhartha Chowdhury, AOR
Mr.Mohammed Shaffi Mather, Adv.
UPON hearing the counsel the Court made the following
O R D E R
Heard learned counsel for the parties.
Mr.Neeraj Kishan Kaul, learned senior counsel appearing for the petitioner submits that the High Court, without even affording notice to the petitioner herein, passed the impugned order dated 6th June, 2018 and remitted the matter back to the Revisional Court while setting aside the order dated 18 th May, 2018 Signature Not Verified passed by the learned Additional District & Sessions Judge, Digitally signed by SATISH KUMAR YADAV Date: 2018.10.10 16:48:46 IST Reason: Gorakhpur whereby the learned Revisional Court allowed the Criminal Revision Petition filed by the petitioner herein. As a consequence SLP(Crl.)No.7265/18 2 thereof, the learned Revisional Court by its order dated 3rd July, 2018 allowed the application dated 15th June, 2018 filed by the respondent No.2 herein and set aside its earlier order dated 18 th May, 2018 which was passed in favour of the petitioner herein.
On the other hand, Mr.Siddhartha Chowdhury, learned counsel appearing for the respondents submits that the petitioner has not challenged the said order dated 3rd July, 2018 passed by the Revisional Court. He further states that the order dated 6 th June, 2018 passed by the High Court which is under challenge before this Court has already been worked out by the Revisional Court in accordance with the directions of the High Court.
In these circumstances, we are not inclined to interfere with the impugned order passed by the High Court. However, taking note of the circumstances in which the High Court passed the impugned order, particularly the fact that it was passed without affording an opportunity of hearing to the petitioner, we grant liberty to the petitioner to challenge before the High Court the aforesaid order dated 3rd July, 2018 passed by the learned Revisional Judge and raise all issues including the issue of non- consideration of the ground which has been raised in the earlier round of litigation.
The special leave petition stands disposed of accordingly. As a sequel to the above, pending application shall also stand disposed of.
(SATISH KUMAR YADAV) (RAJ RANI NEGI)
AR-CUM-PS ASSISTANT REGISTRAR