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Supreme Court - Daily Orders

Shiv Kumar And Others vs The State Of U.P. And Another on 8 May, 2015

Bench: Dipak Misra, S.A. Bobde

  ITEM NO.21                                 COURT NO.5                 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.3659/2015

  (Arising out of impugned final judgment and order dated 06/04/2015
  in CMA No. 1277/2015 passed by the High Court of Judicature at
  Allahabad, Lucknow Bench)

  SHIV KUMAR AND OTHERS                                                  Petitioner(s)
                                                    VERSUS

  THE STATE OF U.P. AND ANOTHER                                          Respondent(s)

  (With appln. (s) for exemption from filing c/c of the impugned
  judgment and exemption from filing O.T. and interim relief)

  Date : 08/05/2015 This petition was called on for hearing today.


  CORAM :                        HON'BLE MR. JUSTICE DIPAK MISRA
                                 HON'BLE MR. JUSTICE S.A. BOBDE

  For Petitioner(s)                   Mr.   Yunus Malik, Adv.
                                      Mr.   Anish Maheshwari, Adv.
                                      Mr.   Aman Malik, Adv.
                                      Mr.   Sanjeev Agarwal, AOR

  For Respondent(s)

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

Heard learned counsel for the petitioners.

The special leave petition is dismissed.

Liberty is granted to the petitioners to move the trial Court for hearing the case arising out of the F.I.R. and the complaint lodged under Section 200 Cr.P.C. together. To clarify, the trial Court may record evidence separately. If the trial Judge finds that the allegations and the parties are the same, it may deal with the case arising out of the F.I.R. first and, thereafter, proceed with the complaint case, if so advised.

Signature Not Verified Digitally signed by Chetan Kumar Date: 2015.05.08 15:49:13 IST Reason:
                              (Chetan Kumar)                      (H.S. Parasher)
                               Court Master                         Court Master