Supreme Court - Daily Orders
Vinay Kumar Goel @ V.K. Goel vs The State Of Uttar Pradesh on 17 March, 2021
Bench: A.M. Khanwilkar, Dinesh Maheshwari, Krishna Murari
1
ITEM NO.15 Court 5 (Video Conferencing) 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). 8528/2017
(Arising out of impugned final judgment and order dated 28-07-2017
in CMWP No. 14668/2017 passed by the High Court Of Judicature At
Allahabad)
VINAY KUMAR GOEL @ V.K. GOEL Petitioner(s)
VERSUS
THE STATE OF UTTAR PRADESH & ORS. Respondent(s)
(IA No. 114989/2017 - EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT
IA No. 75553/2019 - EXEMPTION FROM FILING O.T. IA No. 53499/2019 - EXEMPTION FROM FILING O.T. IA No. 8428/2018 - EXEMPTION FROM FILING O.T. IA No. 77012/2019 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES IA No. 53498/2019 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES IA No. 8426/2018 - STAY APPLICATION) WITH SLP(Crl) No. 1873/2018 (II) IA No. 24792/2018 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) SLP(Crl) No. 3862/2018 (II) SLP(Crl) No. 3876/2018 (II) SLP(Crl) No. 2159/2018 (II) (FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT ON IA 31281/2018 IA No. 31281/2018 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Diary No(s). 43088/2019 (II) IA No. 115951/2020 - CONDONATION OF DELAY IN FILING IA No. 115953/2020 - CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS IA No. 115950/2020 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Signature Not Verified Diary No(s). 15614/2020 (II) Digitally signed by DEEPAK SINGH Date: 2021.03.19 18:51:48 IST Reason: IA No. 21973/2021 - CONDONATION OF DELAY IN FILING IA No. 21975/2021 - EXEMPTION FROM FILING AFFIDAVIT IA No. 21972/2021 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) 2 Diary No(s). 43085/2019 (II) IA No. 115924/2020 - CONDONATION OF DELAY IN FILING IA No. 115925/2020 - CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS IA No. 22414/2021 - EXEMPTION FROM FILING AFFIDAVIT IA No. 115921/2020 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT IA No. 22412/2021 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Date : 17-03-2021 These matters were called on for hearing today. CORAM :
HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE MR. JUSTICE DINESH MAHESHWARI HON'BLE MR. JUSTICE KRISHNA MURARI For Petitioner(s) Mr. Sidharth Dave, Sr. Adv.
Mr. Gaurav Agrawal, AOR Col. R. Balasubramanium, Sr. Adv. Mr. Nikhil Jain, AOR For Respondent(s) Mr. Harish Pandey, AOR Ms. Garima Prashad, AOR Mr. Vishnu Shankar Jain, AOR Mr. R.K. Raizada, Sr. Adv.
Mr. Sarvesh Singh Baghel, AOR Ms. Shivranjani Ralawata, Adv. Mr. Kamlendra Mishra, AOR Mr. Bhanwar Jadon, Adv.
UPON hearing the counsel the Court made the following O R D E R SLP(Crl.) Nos. 8528 of 2017, 1873 and 2159 of 2018 The petitioner(s) had filed the petition(s) before the High Court for quashing of FIR. It is not in dispute that later on chargesheet has been filed in connection with the said FIR. 3
In that case, the petitioner(s) must approach the Trial Court with an application for discharge, if so advised. That application be decided on its own merits and in accordance with law.
The interim protection given to the petitioner(s) by this Court’s orders dated 25.01.20218, 23.02.2018 and 09.03.2018 respectively, to continue for a period of four weeks from today to enable the petitioner(s) to approach the Trial Court. The Trial Court may pass further appropriate orders as may be necessary.
We are not expressing any opinion either way on the merits of the controversy.
All contentions available to both sides are left open.
The Special Leave Petitions are disposed of accordingly.
Pending applications, if any, stand disposed of. SLP(Crl.) Nos. 3862 and 3876 of 2018, Diary Nos. 43088 and 43085 of 2019 and Diary No. 15614 of 2020 The petitioner(s) had filed petition(s) before the High Court for quashing of chargesheet in connection with offence registered as criminal case No. 06/45/2018 before the Special Judge, Prevention of Corruption Act, Meerut. 4 That petition(s) came to be dismissed by the High Court vide impugned judgment and order. The argument of the concerned petitioner(s) is that they were not working or incharge of the affairs at the relevant time when the offence in question was allegedly committed.
Considering the fact that the chargesheet has already been filed against each of the petitioner(s), we deem it appropriate to dispose of these petition(s) with liberty to the petitioner(s) to apply for discharge before the Trial Court so that the Trial Court would be in a better position to analyze the role of each of the petitioner(s) in reference to the material produced alongwith the chargesheet filed before the Trial Court.
All contentions available to both sides are left open.
We may not be understood to have expressed any opinion either way on the merits of the controversy or the issues to be decided by the Trial Court.
The petitioner(s) may file discharge application(s) within four weeks from today, if so advised.
Interim protection granted to the petitioner(s) in SLP(Crl) Nos. 3862 and 3876 of 2018 by this Court to continue for a period of four weeks from today. 5 It will be open to the Trial Court to pass further directions/orders, as may be necessary on the basis of application(s) filed by the concerned petitioner(s) All petitions are disposed of in the above terms. Pending applications, if any, stand disposed of.
(DEEPAK SINGH) (VIDYA NEGI) COURT MASTER (SH) COURT MASTER (NSH)