Supreme Court - Daily Orders
State Of U.P vs Upendra Kumar Gautam on 10 October, 2014
Bench: J. Chelameswar, A.K. Sikri
ITEM NO.59 COURT NO.8 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 (C) No(s). 3765/2014
(Arising out of impugned final judgment and order dated 26/07/2013
in CMWP No. 32831/2012 passed by the High Court Of Judicature at
Allahabad)
STATE OF U.P & ORS Petitioner(s)
VERSUS
UPENDRA KUMAR GAUTAM Respondent(s)
(with interim relief and office report)
WITH
SLP(C) No. 3766/2014
(With Office Report)
SLP(C) No. 3769/2014
(With appln.(s) for exemption from filing O.T. and Office Report)
SLP(C) No. 7978/2014
(With Office Report)
SLP(C) No. 7979/2014
(With Office Report)
SLP(C) No. 7980/2014
(With Office Report)
Date : 10/10/2014 These petitions were called on for hearing
today.
CORAM :
HON'BLE MR. JUSTICE J. CHELAMESWAR
HON'BLE MR. JUSTICE A.K. SIKRI
For Petitioner(s) Mr. Ravi Prakash Mehrotra,Adv.
Mr. Rajeev Dubey, Adv.
For Respondent(s) Mr. Lagnesh Mishra, Adv.
Mr. V.N. Raghupathy, Adv.
Signature Not Verified
Digitally signed by
Deepak Mansukhani
Date: 2014.10.11
12:54:00 IST
Mr. Deepak Goel,Adv.
Reason:
Mr. Om Prakash Singh, Adv.
Ms. Tulika Prakash,Adv.
Ms. Sheeba Khan, Adv.
Mr. O.P. Singh, Adv.
-2-
UPON hearing the counsel the Court made the following
O R D E R
A preliminary objection is taken to the maintainability of these special leave petitions by the learned counsel for the respondents pointing out that intra-Court appeal is available and, therefore, the petitioner(s) should have resorted to the remedy of said appeal before the Division Bench of the High Court.
Learned counsel for the petitioner, after examining the matter, concedes to the aforesaid legal position. Accordingly, learned counsel for the petitioner seeks permission to withdraw these special leave petitions with liberty to file Special Appeal in the High Court. Since the matters remained pending in this Court when these special leave petitions were filed, we grant three weeks' time to the petitioner(s) to file Special Appeals. On filing of the appeals within the aforesaid period, the same shall be decided by the High Court on merits, expeditiously. In these special leave petitions, stay order was passed in respect of the further proceedings in contempt petitions. It shall remain in operation for a period of six weeks from today. We make it clear that it would be for the High Court to decide as to whether such a stay is to be extended or not, after hearing learned counsel for the parties and merely because we have granted further stay of another six weeks, would not be a ground available to the petitioner(s) to press for the continuation of the stay.
The special leave petition(s) are dismissed as wtihdrawn accordingly.
(DEEPAK MANSUKHANI) (INDU BALA KAPUR) COURT MASTER COURT MASTER