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Govind Ram Keswani vs State Of Uttar Pradesh on 29 February, 2016

Bench: Ranjan Gogoi, Prafulla C. Pant

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     ITEM NO.16 & 49                             COURT NO.7                    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). 1512/2016
     (ARISING OUT OF IMPUGNED FINAL JUDGMENT AND ORDER DATED 18/12/2015
     IN CRLMA NO. 1285/2007 PASSED BY THE HIGH COURT OF JUDICATURE AT
     ALLAHABAD)

     GOVIND RAM KESWANI                                                      PETITIONER(S)

                                                      VERSUS

     STATE OF UTTAR PRADESH & ANR.                      RESPONDENT(S)
     (WITH APPLN. (S) FOR EXEMPTION FROM FILING O.T. AND INTERIM RELIEF)

     SLP(CRL) NO.1627 OF 2016
     [WITH APPLN.(S) FOR EXEMPTION FROM FILING O.T. AND INTERIM RELIEF
     AND OFFICE REPORT]

     Date : 29/02/2016 These petitions were called on for hearing today.

     CORAM :
                          HON'BLE MR. JUSTICE RANJAN GOGOI
                          HON'BLE MR. JUSTICE PRAFULLA C. PANT

     For Petitioner(s)                        Mr. Siddharth Luthra, Sr. Adv.
                                              Mr. C.L. Pandey, Sr. Adv.
                                              Mr. Manu Beri, Adv.
                                              Mr. Ashish Agarwal, Adv.
                                              Mr./Ms. Ananya Pandey, Adv.
                                              Mrs V. D. Khanna, Adv.

     For Respondent(s)

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

Shri Siddharth Luthra, learned Senior Counsel appearing for the petitioner -Govind Ram Keswani submits Signature Not Verified that the apart from the statement of P.W. 14 – Jamuna Digitally signed by VINOD LAKHINA Date: 2016.02.29 Prasad Paul and the statement of the petitioner himself 17:34:41 IST Reason:

there is no other material on record to justify the exercise of power under Section 319 of the Code of Criminal Procedure, 1973. Insofar as the statement of the petitioner himself is concerned, Shri Luthra has relied on the provisions of Section 132 of the Indian Evidence Act, 1872. He also, by referring to the statement of P.W. 14, has submitted that on the basis of the said statement the summoning order under Section 319 of the Code of Criminal Procedure, 1973 would not be justified.

Being prima facie satisfied we issue notice. In the meantime, further proceedings in case being RC No.5(A)/93-DAD, titled as “Central Bureau of Investigation Versus Krishan Kumar Bhardwaj”, pending in the Court of Special Judge, CBI, Ghaziabad, Uttar Pradesh qua the petitioner shall remain stayed.

SLP(CRL) NO.1627/2016

List the matter next week.

     [VINOD LAKHINA]                               [ASHA SONI]
       COURT MASTER                               COURT MASTER