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[Cites 1, Cited by 18]

Supreme Court - Daily Orders

Shashi Kant Jaiswal vs State Of Up & Others on 24 March, 2014

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ITEM NO.31                  COURT NO.5              SECTION XI

             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 (Civil) No(s).6790/2014

(From the judgement and order dated 02/01/2014 in CRLMA No.87214/2013 in   MB
No.4006/2013 of The HIGH COURT OF JUDICATURE AT ALLAHABAD, BENCH           AT
LUCKNOW)

SHASHI KANT JAISWAL                                   Petitioner(s)

                   VERSUS

STATE OF UP & OTHERS                                  Respondent(s)

(With appln(s) for exemption from filing c/c of the impugned Judgment,
exemption from filing O.T. and prayer for interim relief and office report)

Date: 24/03/2014    This Petition was called on for hearing today.

CORAM : HON’BLE MR. JUSTICE A.K. PATNAIK
        HON’BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLA


For Petitioner(s)        Ms.   Pyoli, Adv.
                         Mr.   Somesh Jha, Adv.
                         Mr.   Aseem Chandra, Adv.
                         Mr.   Tayenjam Momo Singh, Adv.

For Respondent(s)


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

By the impugned order, the High Court has declined to initiate proceedings under Section 340 Cr.P.C. against the respondents but has observed in the last paragraph that the initiation of steps under Section 340 Cr.P.C. was perhaps intended to settle private scores between the parties.

We are not inclined to interfere with the impugned order of the High Court refusing to initiate action under section 340 Cr.P.C. However, the observation in the impugned order that the petitioner had filed the application under Section 340 Cr.P.C. to settle private scores is expunged.

The special leave petition stands disposed of accordingly.

       [Nidhi Ahuja]                          [Sharda Kapoor]
       Court Master                              Court Master