Supreme Court - Daily Orders
Girish Kumar Agarwal vs The State Of Uttar Pradesh on 11 May, 2021
Bench: Uday Umesh Lalit, B.R. Gavai
1
ITEM NO.24 COURT NO.3 SECTION II
(HEARING THROUGH VIDEO CONFERENCING)
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition for Special Leave to Appeal (Crl.) No.3599/2021
(Arising out of impugned final judgment and order dated 27-02-2020
in A482 No.6683/2020 passed by the High Court Of Judicature At
Allahabad)
GIRISH KUMAR AGARWAL & ANR. Petitioner(s)
VERSUS
STATE OF UTTAR PRADESH & ANR. Respondent(s)
(FOR ADMISSION and I.R.; IA No.59930/2021 – FOR EXEMPTION FROM
FILING C/C OF THE IMPUGNED JUDGMENT; and, IA No.59932/2021 – FOR
EXEMPTION FROM FILING O.T.)
Date : 11-05-2021 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE UDAY UMESH LALIT
HON'BLE MR. JUSTICE B.R. GAVAI
For Petitioner(s) Mr. Gourav Agrawal, Adv.
Mr. Chritarth Palli, Adv.
Mr. Sahil Tagotra, AOR
For Respondent(s)
UPON hearing the counsel the Court made the following
O R D E R
This Special Leave Petition arises out of dismissal of the application preferred by the petitioners under Section 482 of the Code of Criminal Procedure, 1973, submitting inter alia that on the day, that is to say, on 17.06.2019 when the offences in question were allegedly committed by the petitioners, the second petitioner was in Dubai.
Signature Not Verified
It is submitted that he left India on 09.06.2019 and Digitally signed by Dr. Mukesh Nasa Date: 2021.05.13 returned to India only on 18.06.2019.
16:46:22 IST Reason: The photocopies of the
relevant entries from his Passport have been placed on record. 2 It is a matter of record that the charge-sheet has been filed in the matter and the case is now fixed for framing of charges, if any.
Instead of interfering in the matter, in our view, the ends of justice would be met if the petitioners are given liberty to raise all the submissions at the stage when the case is taken up for consideration whether charges need to be framed or not.
Reserving such liberty to the petitioners, the instant Special Leave Petition is disposed of.
Pending applications, if any, also stand disposed of.
(MUKESH NASA) (NISHA TRIPATHI)
COURT MASTER BRANCH OFFICER