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Mohd. Zaid vs The State Of Uttar Pradesh on 14 August, 2023

Bench: Hrishikesh Roy, Pankaj Mithal

                                                   1

     ITEM NO.33                            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

     SPECIAL LEAVE PETITION (CRIMINAL) Diary No(s). 22252/2023

     (Arising out of impugned final judgment and order dated 26-05-2022
     in CRR No. 640/2022 passed by the High Court Of Judicature At
     Allahabad)

     MOHD. ZAID & ANR.                                              Petitioner(s)

                                                  VERSUS

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

     (FOR ADMISSION and I.R. and IA No.153491/2023-CONDONATION OF DELAY
     IN FILING and IA No.153493/2023-EXEMPTION FROM FILING C/C OF THE
     IMPUGNED JUDGMENT and IA No.153494/2023-EXEMPTION FROM FILING O.T.
     and IA No.153492/2023-CONDONATION OF DELAY IN REFILING /    CURING
     THE DEFECTS )

     Date : 14-08-2023 This petition was called on for hearing today.

     CORAM :
                         HON'BLE MR. JUSTICE HRISHIKESH ROY
                         HON'BLE MR. JUSTICE PANKAJ MITHAL


     For Petitioner(s)
                                  Mr. Sandeep Jindal, AOR
                                  Mr. Awadhesh Kumar, Adv.
                                  Mr. Sandeep Kumar Dwivedi, Adv.
                                  Mr. Om Prakash Vyas, Adv.
                                  Mr. Raghvendra Upadhyay, Adv.
                                  Mr. Kisalaya Shukla, Adv.
                                  Mr. Satyam Pandey, Adv.


     For Respondent(s)


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

Signature Not Verified Delay condoned.

GEETA AHUJA Date: 2023.08.17 17:13:01 IST Reason: Mr. Awadhesh Kumar, learned counsel appearing for the petitioners submits that the petitioner no. 1 Mohd. Zaid is still  2 alive and he is in fact appearing before the trial court in the case against him. Yet a wrong submission was made before the High Court on 26.05.2022 and that is how the High Court erroneously declared the Criminal Revision No. 640 of 2022 to have become infractuous, in so far as the Mohd. Zaid i.e. the first petitioner is concerned. However, appropriate orders were passed in respect of the second applicant Meraz, in the aforesaid case.

Considering the factual error, as projected before us, we deem it appropriate to allow the petitioner to move the High Court for necessary correction/clarification of the order dated 26.05.2022 in the Criminal Revision No. 640 of 2022.

With this order, the special leave petition stands closed. Pending application(s), if any, stand disposed of.

   (SONIA GULATI)                                            (KAMLESH RAWAT)
SENIOR PERSONAL ASSISTANT                                  ASSISTANT REGISTRAR