Chattisgarh High Court
Sanjay Pandey @ Sanju vs State Of Chhattisgarh on 21 February, 2023
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Cr.M.P No.367 of 2023
Sanjay Pandey @ Sanju S/o Late Ramesh Chandra Pandey Aged
About 39 Years Through Sharad Chandra Pandey Son Of Late
Ramesh Chandra Pandey, Aged About 41 Years, Resident Of
Mohalla Milan Chowk, Kududand, Bilaspur, Police Station Civil Line,
Bilaspur, Tahsil Bilaspur, District : Bilaspur, Chhattisgarh
----Petitioner
Versus
State Of Chhattisgarh Through Station House Officer, Police Station
Civil Line, Bilaspur, District : Bilaspur, Chhattisgarh ----Respondent
For Petitioner: Shri Goutam Khetrapal, Advocate. For Respondent/State: Ms. Seema Dixit, PL.
Hon'ble Shri Justice Deepak Kumar Tiwari Order on Board 21.02.2023
1. At the outset, Shri Khetrapal seeks withdrawal of this Petition with liberty to file an appropriate one in accordance with law as the conviction of the Petitioner in Criminal Appeal No.388/2001 dated 09.07.2015 passed by the Division Bench of this Court has been been affirmed by the Supreme Court and after dismissal of the SLP, the Petitioner has moved W.P(Cr) Diary No.16681/2020 before the Supreme Court and vide order dated 25.09.2020, permission for withdrawal of the same was sought for enabling the Petitioner to pursue the remedies as are available to him under the law as the Petitioner has raised the issue of juvenility after final disposal of the 2 case by the Supreme Court by way of SLP.
2. Upon being asked, Shri Khetrapal submits that copy of the said order has not been annexed in this Petition and accepts that he has not made any reference about the case number and in para-2, mention regarding annexure P-2 is made, which is a copy of the decision rendered on 09.07.2001 in Criminal Appeal No.388/2001, though in para-3, it has been specifically mentioned that after dismissal of SLP against the order of confirmation of conviction, the Petitioner has filed W.P(Cr.) Diary No.16681/2020.
3. This Court further asked Shri Khetrapal whether in any of the orders passed by the Supreme Court, any direction has been given after dismissal of the SLP to examine the claim of the Petitioner to juvenility enabling the Petitioner to move an application before the 1 st Additional Sessions Judge, Bilaspur, he fairly submits that no such direction was given in any of the orders to examine the issue, therefore, he seeks to withdraw this Petition with liberty to move an appropriate application in accordance with law.
4. This Court seeks assistance of Dr. NK Shukla, Senior Advocate present in the Court, who submits that after dismissal of the SLP, the only remedy lies is to file an appropriate application before the Supreme Court only unless a specific direction has been given by the said Court to any other Court. He refers that recently in M.A No.1997/2021 in SLP (Cr.) No.5604/2009 (Sanjay Patel and Anr. Vs. State of U.P), the Allahabad High Court has confirmed the conviction 3 and vide SLP dated 13.08.2009, dismissed the same. Thereafter, the Petitioner has moved the miscellaneous application before the Supreme Court vide M.A No.1997/2021 for claiming the juvenility in which, the Sessions Court was directed to submit a report about the age determination.
5. In view of above, the instant Petition is dismissed as withdrawn.
6. This Court expresses its gratitude towards the valuable assistance rendered by the Senior Advocate Dr. NK Shukla.
Sd/-
(Deepak Kumar Tiwari) Judge Priya