Supreme Court - Daily Orders
Vinay Kumar Lath vs State Of U.P on 4 October, 2016
Bench: Pinaki Chandra Ghose, Amitava Roy
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IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. OF 2016
(Arising out SLP (Crl.) No. 10503 of 2013)
VINAY KUMAR LATH Appellant (s)
VERSUS
STATE OF U.P & ORS Respondent(s)
O R D E R
1) Leave granted. 2) We have heard learned counsel appearing for the parties at considerable length. 3) It appears that the High Court, without considering the
materials on record in the proper perspective, dismissed the writ petition filed by the petitioner for quashing of the FIR registered as Case Crime No. 911 of 2013 under Section 3(1) of the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, in P.S. Cantt. Nagar, District Gorakhpur.
4) After perusing the order of the High Court, it appears that the High Court has not given any cogent reason to pass such order. In view of that, the order so passed by the High Court is set Signature Not Verified aside and the matter is remitted to it for hearing the matter Digitally signed by R.NATARAJAN Date: 2016.10.18 16:51:51 IST afresh, after affording an opportunity of hearing to both the Reason:
parties.2
5) We have further been informed that the High Court did not take into account the arguments put forward on behalf of the petitioner at the time of hearing of the writ petition. However, we do not wish to go into that controversy at this stage.
6) Accordingly, the appeal is allowed and the matter is remitted to the High Court.
7) Since we are remitting the matters to the High Court, we would only request the High Court to dispose of the same as expeditiously as possible, preferably, within a period of six months from the date of communication of this order.
8) We direct that the appellant should file an undertaking stating therein that he will abide by the order to be passed by the High Court and further he will, if necessary, appear before the Investigating Officer as and when he is called upon.
.......................... J. (PINAKI CHANDRA GHOSE) .......................... J. (AMITAVA ROY) New Delhi;
October 04, 2016.
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ITEM NO.30 COURT NO.8 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). 10503/2013
(Arising out of impugned final judgment and order dated 04/12/2013 in CRMWP No. 23815/2013 passed by the High Court Of Judicature at Allahabad) VINAY KUMAR LATH Petitioner(s) VERSUS STATE OF U.P & ORS Respondent(s) (with appln. (s) for stay and office report) (for final disposal) Date : 04/10/2016 This petition was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE PINAKI CHANDRA GHOSE HON'BLE MR. JUSTICE AMITAVA ROY For Petitioner(s) Mr. Siddhartha Dave, Adv.
Ms. Jemtiben A.O., Adv.
Mr. Sajith. P, AOR For Respondent(s) Mr. Vivek Vishnoi, Adv.
Mr. M. R. Shamshad, AOR Parul Shukla, Adv.
UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeal is allowed and the matter is remitted to the High Court in terms of the signed order. Pending application stands disposed of.
(R. NATARAJAN) (SNEH LATA SHARMA)
Court Master Court Master
(Signed order is placed on the file)