Supreme Court - Daily Orders
Raj Kumar Bajpaee vs State Of U.P on 6 April, 2015
Bench: Jagdish Singh Khehar, S.A. Bobde
ITEM NO.20 COURT NO.4 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.)...... CRLMP No(s).
5414-5415/2015
(Arising out of impugned final judgment and order dated 16/07/2014
in CRLA No. 2376/2009,05/03/2014 in CRLA No. 2376/2009 passed by
the High Court Of Judicature at Allahabad)
RAJ KUMAR BAJPAEE Petitioner(s)
VERSUS
STATE OF U.P Respondent(s)
(with appln. (s) for c/delay in filing SLP)
Date : 06/04/2015 These petitions were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE JAGDISH SINGH KHEHAR
HON'BLE MR. JUSTICE S.A. BOBDE
For Petitioner(s)
Mr. Robin Khokhar, Adv.
Mr. Kumar Gaurav, Adv.
Mr. Bhirgu Nath Dubey, Adv.
For Mr. Sajith. P,Adv.
For Respondent(s)
UPON hearing the counsel the Court made the following
O R D E R
Heard learned counsel for the petitioner. Delay condoned.
The petitioner has impugned two orders passed by the High Court of Judicature at Allahabad.
The first of the aforesaid orders is dated 5.3.2014, which Signature Not Verified depicts that the Court had heard the matter, and Digitally signed by Sukhbir Paul Kaur arguments stood concluded, whereupon, judgment was reserved. Date: 2015.04.06 16:49:41 IST Reason:
The second order is dated 16.7.2014, which mentions that the case has been released, on account of the fact that -2- the roster had since changed, and the Judge concerned had commenced to sit in a different jurisdiction.
We are satisfied that the reason indicated in the impugned order dated 16.7.2014 is clearly unjustified. The change of roster cannot be a ground for release of a case. It also needs to be taken into consideration, that the concerned litigant has to suffer further expenses if arguments have to be advanced before another Bench. Release of a case, can certainly not be a matter of casual consideration. We are of the view that the opinion expressed by the High Court in releasing the case is wholly improper.
In the peculiar circumstances of this case, we would however, not interfere with the impugned order, as the same may not be in the interest of the petitioner himself.
The Registrar General of the High Court of Allahabad shall place this order before the Chief Justice of the High Court, who is requested to assign the matter to a Court of competent jurisdiction, for expeditious disposal, keeping in mind that the matter was earlier concluded, and judgment was reserved.
The special leave petitions are, accordingly, disposed of in the above terms.
(Sukhbir Paul Kaur) (Renu Diwan)
Court Master Court Master