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Deen Dayal Tiwari vs State Of Uttar Pradesh on 7 December, 2022

Author: Pamidighantam Sri Narasimha

Bench: Pamidighantam Sri Narasimha

                                                        1

     ITEM NO.27                                 COURT NO.1               SECTION II

                                    S U P R E M E C O U R T O F      I N D I A
                                            RECORD OF PROCEEDINGS

                         SPECIAL LEAVE PETITION (CRIMINAL) Diary No(s).24153/2022

     (Arising out of impugned final judgment and order dated 09-05-2022
     in CCN No. 01/2014 09-05-2022 in CRLA No. 1776/2016 passed by the
     High Court of Judicature at Allahabad, Lucknow Bench)

     DEEN DAYAL TIWARI                                                       Petitioner(s)

                                                       VERSUS

     STATE OF UTTAR PRADESH                                                  Respondent(s)

     (WITH IA No.117829/2022-CONDONATION OF DELAY IN FILING and IA
     No.117830/2022-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT
     and IA No.117831/2022-EXEMPTION FROM FILING O.T.)

     Date : 07-12-2022 This petition was called on for hearing today.

     CORAM :
                             HON'BLE THE CHIEF JUSTICE
                             HON'BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA
                             HON'BLE MR. JUSTICE J.B. PARDIWALA

     For Petitioner(s)                     Mr. Shree Singh, Adv.
                                           Mr. Prateek K Chadha, AOR
                                           Mr. Rajeev Chauhan, Adv.
                                           Ms. Radhika Dhanotia, Adv.
                                           Ms. Stuti Rai, Adv.
                                           Mr. Gurfateh Singh Khosla, Adv.
                                           Mr. Vrishank Singhania, Adv.
                                           Mr. Sreekar Aechuri, Adv.


     For Respondent(s)


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

Delay condoned.

2 Leave granted.

Reason:

3 Liberty to serve the Standing Counsel for the State of Uttar Pradesh, in addition.

4 The execution of the sentence of death shall remain stayed, pending further orders.

5 Following the principles in Manoj v State of Madhya Pradesh1, we issue the following directions to the respondent - State:

(i) The respondent-State shall place before this Court the report(s) of all the Probation Officers relating to the appellant within a period of eight weeks;

(ii) The Superintendent of the District Jail, Ayodhya shall submit a report in regard to the nature of work which has been performed by the appellant while in jail and a report in regard to the conduct and behaviour of the appellant while in jail within a period of eight weeks;

(iii) The Head of King George’s Medical University, Lucknow shall constitute a suitable team for the purpose of carrying out a psychological evaluation of the appellant. The report of the evaluation shall be submitted to this Court through the Standing Counsel for the State of Uttar Pradesh within a period of eight weeks; and

(iv) The Psychologist shall be permitted to have access to the appellant who is presently lodged in District Jail, Ayodhya to submit its report in regard to the psychological assessment of the appellant.

7 List the appeal after eight weeks.

               (SANJAY KUMAR-I)                                (SAROJ KUMARI GAUR)
               DEPUTY REGISTRAR                                ASSISTANT REGISTRAR

1   2022 SCC Online SC 677