Supreme Court - Daily Orders
Mithilesh Kumar Sharma vs State Of Bihar on 11 January, 2019
Author: Chief Justice
Bench: Chief Justice, Sanjay Kishan Kaul
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IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO(S). 54 OF 2019
[ARISING OUT OF SPECIAL LEAVE PETITION (CRIMINAL)
NO.9341/2017]
MITHILESH KUMAR SHARMA ...APPELLANT(S)
VERSUS
STATE OF BIHAR & ORS. ...RESPONDENT(S)
ORDER
1. We have heard the learned counsels for the parties.
2. Leave granted.
3. The statement that the impugned order was passed without issuing notice to the appellant herein who was arrayed as second respondent in the petition filed under Section 482 Cr.P.C. before the High Court has not been controverted. We, therefore, proceed on the basis that the impugned order has been passed without hearing the appellant herein who was the complainant.
4. On the aforesaid ground alone and without going into the merits of the controversy we allow Signature Not Verified the present appeal; set aside the order of the High Digitally signed by VINOD LAKHINA Date: 2019.01.11 16:43:36 IST Reason: 2 Court and request the High Court to consider the matter once again after hearing all the parties to the proceeding. We make it clear that we have expressed no opinion on merits.
5. The appeal is disposed of in the above terms.
....................,CJI.
(RANJAN GOGOI) ...................,J.
(SANJAY KISHAN KAUL)
NEW DELHI
JANUARY 11, 2019
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ITEM NO.33 COURT NO.1 SECTION II-A
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). 9341/2017 (ARISING OUT OF IMPUGNED FINAL JUDGMENT AND ORDER DATED 18-04-2017 IN CRLM NO. 41482/2013 PASSED BY THE HIGH COURT OF JUDICATURE AT PATNA) MITHILESH KUMAR SHARMA PETITIONER(S) VERSUS STATE OF BIHAR & ORS. RESPONDENT(S) (IA NO.121749/2017-EXEMPTION FROM FILING O.T.) Date : 11-01-2019 This matter was called on for hearing today. CORAM :
HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE SANJAY KISHAN KAUL For Petitioner(s) Mr. Tripurari Ray, Adv.
Mr. Suresh Kumar Sharma, Adv. Mr. Parveen Kumar, Adv. Mr. Medavi Kumar, Adv.
Mr. S.K. Raza, Adv.
Mr. Manu Shanker Mishra, AOR For Respondent(s) Ms. Abha R. Sharma, Adv.
Mr. D.S. Parmar, Adv.
Ms. Sujeeta Srivastava, Adv.
Mr. Gopal Singh, AOR Mr. Nar Hari Singh, AOR UPON hearing the counsel the Court made the following O R D E R Exemption from filing O.T. is granted.
Leave granted.4
The appeal is disposed of in terms of the signed order.
[VINOD LAKHINA] [ANAND PRAKASH]
AR-cum-PS BRANCH OFFICER
[SIGNED ORDER IS PLACED ON THE FILE]