Supreme Court - Daily Orders
Syed Asif Ali vs Praveen Kumar on 29 July, 2019
Bench: D.Y. Chandrachud, Indira Banerjee
1
ITEM NO.42 COURT NO.10 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).1380/2019
(Arising out of impugned final judgment and order dated 21-01-2019
in CRLMA No. 311/2019 passed by the High Court of Judicature at
Allahabad, Lucknow Bench)
SYED ASIF ALI Petitioner(s)
VERSUS
PRAVEEN KUMAR Respondent(s)
Date : 29-07-2019 This petition was called on for hearing today.
CORAM :
HON'BLE DR. JUSTICE D.Y. CHANDRACHUD
HON'BLE MS. JUSTICE INDIRA BANERJEE
For Petitioner(s) Mr. Vishwajit Singh, Adv.
Ms. Ridhima Singh, Adv.
Ms. Veera Kaul Singh, AOR
Mr. Pankaj Singh, Adv.
For Respondent(s) Mr. S. K. Dhingra, AOR
Mr. Shiv Ram Saran Pandey, Adv.
Ms. Shefali Mitra, Adv.
UPON hearing the counsel the Court made the following
O R D E R
In annexure R-3 of the counter affidavit filed by the respondent, the following sentences appear in paragraph 8 of the translated copy of the report of the Circle Officer dated 14 December 2018:
“...Shri Akshay Kumar and Syed Asif Ali collected 30 lakh rupees, in cash, from my house. My friend, Shri Sandeep Saxena Signature Not Verified was also present at my house...” Digitally signed by SANJAY KUMAR Date: 2019.07.31 17:57:34 IST Reason: Similarly, in paragraph 12, the following statements appear:2
“...In the first week of April (4th April) 2018, Shri Akshay Kumar said that one of his clients, Sd. Asif Ali was in need of some money. Shri Akshay Kumar and Sd. Asif Ali collected 30 lakh rupees, in cash, from my house. My friend, Shri Sandeep Saxena was also present at my house...” Annexure RA-1 of the rejoinder filed by the petitioner is a translated copy of the same report of the Circle Officer which does not contain the above statements which are extracted from the counter affidavit.
The report of the Circle Officer dated 14 December 2018 is in Hindi, a copy of which is annexed at page 190 of the rejoinder.
It has been submitted by learned counsel for the petitioner that the sentences which are contained in Annexure R-3 of the counter affidavit, as extracted above, do not appear in the report of the Circle Officer scribed in Hindi. Learned counsel has submitted that these sentences were interpolated in the counter affidavit which has been filed by the respondent. We direct the respondent to explain the circumstances in which the above sentences have appeared in Annexure R-3 of the counter affidavit though they do not appear to be reflected in the report of the Circle Officer scribed in Hindi. The affidavit shall be filed within a period of two weeks from today.3
List the Special Leave Petition on 16 August 2019.
(SANJAY KUMAR-I) (SAROJ KUMARI GAUR) AR-CUM-PS COURT MASTER