Supreme Court - Daily Orders
Resham Singh vs Union Of India on 8 March, 2019
Bench: Uday Umesh Lalit, Indu Malhotra
1
ITEM NO.25 COURT NO.8 SECTION X
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Writ Petition (Civil) No.265/2019
RESHAM SINGH Petitioner(s)
VERSUS
UNION OF INDIA & ANR. Respondent(s)
(FOR ADMISSION; and, IA No.37368/2019-CLARIFICATION/DIRECTION)
WITH
SLP(Crl) No.2154/2019 (II-B)
(FOR ADMISSION and I.R.; IA No.37490/2019-EXEMPTION FROM FILING C/C
OF THE IMPUGNED JUDGMENT; and, IA No.37489/2019-EXEMPTION FROM
FILING O.T.)
Date : 08-03-2019 These petitions were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE UDAY UMESH LALIT
HON'BLE MS. JUSTICE INDU MALHOTRA
For Petitioner(s) Mr. S. Wasim A. Qadri, Adv.
Mr. Jubair Ahmad Khan, Adv.
Mr. Zaid Ali, Adv.
Mr. Tamim Qadri, Adv.
Mr. Saeed Qadri, Adv.
Ms. Udita Singh, AOR
For Respondent(s)
UPON hearing the counsel the Court made the following
O R D E R
Writ Petition (Civil) No.265/2019 Issue notice.
Tag this matter with Writ Petition (Civil) No.1015 of 2018. Signature Not Verified I.A. No.37368 of 2019 seeking anticipatory bail in connection Digitally signed by MUKESH KUMAR Date: 2019.03.09 11:58:56 IST Reason: with Complaint Case No.07 dated 06.06.2017 is dismissed as withdrawn.
2SLP(Crl) No.2154/2019 In Complaint Case No.07 dated 06.06.2017 initiated at the instance of Mr. Lakhwinder Singh son of Shri Parkash Singh against the petitioner in respect of offences punishable under Section 3(1)
(c)(s) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 and under Sections 295A and 506 IPC, application under Section 438 Cr.P.C. was preferred by the petitioner.
While rejecting the application, the High Court passed the following direction:
“Having heard learned counsel for the petitioner, the petition is disposed of with a direction to the trial Court that in case the petitioner surrenders before the trial Court within one week from today and moves an application for grant of regular bail in the forenoon, the same shall be decided on the day of filing itself.” The aforesaid direction was passed on 04.02.2019 and as such the period granted in terms of the order has already expired. The said order is presently under challenge in this matter. We have no reason to take a different view in the matter. However, while affirming the order passed by the High Court, we extend the period within which the petitioner was to approach the trial Court. We grant one more week’s time from today to the petitioner. If the petitioner approaches the concerned Court within this period, he will be entitled to the protection so afforded by the High Court by its order dated 04.02.2019. 3
We have not expressed any opinion on the merits of the matter which will be gone into by the concerned Court independent of any of the observations in the order passed by the High Court on 04.02.2019 and by this Court in the present matter.
The special leave petition stands disposed of accordingly. Pending application(s), if any, shall stand disposed of.
(MUKESH NASA) (SUMAN JAIN)
COURT MASTER BRANCH OFFICER