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State Of Uttar Pradesh vs Kishan Kumar Pathak on 13 March, 2023

Author: Pamidighantam Sri Narasimha

Bench: Pamidighantam Sri Narasimha

     SLPC D.9996/2023
                                                           1


     ITEM NO.804                                 COURT NO.1                       SECTION XI

                                   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 (CIVIL) Diary No.9996/2023

     (Arising out of impugned final judgment and order dated 01-03-2023
     in WRITC No.27571/2022 passed by the High Court of Judicature at
     Allahabad)

     STATE OF UTTAR PRADESH & ORS.                                                Petitioner(s)

                                                         VERSUS

     KISHAN KUMAR PATHAK & ANR.                                                   Respondent(s)

     Date : 13-03-2023 This petition was MENTIONED today.

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


     For Petitioner(s)                   Ms. Garima Prashad, Sr. Adv., AAG
                                         Mr. Sharan Thakur, Adv.
                                         Ms. Ruchira Goel, AOR
                                         Mr. Adit Jayeshbhai Shah, Adv.

     For Respondent(s)


                              UPON being mentioned the Court made the following
                                                O R D E R

1 Ms Garima Prashad, Additional Advocate General for the State of Uttar Pradesh mentioned the Special Leave Petition for urgent listing. 2 Having due regard to the urgency, the Special Leave Petition is taken on Signature Not Verified Board.

CHETAN KUMAR Date: 2023.03.14 15:17:22 IST Reason: SLPC D.9996/2023 2 3 Since the proceedings are pending before the Division Bench of the High Court of Judicature at Allahabad in Writ C No 27571 of 2022, we are not inclined to entertain the Special Leave Petition at this stage. 4 Ms Garima Prashad, Additional Advocate General however states that there was no warrant for the High Court to invoke the provisions of Section 340 of the Code of Criminal Procedure.

5 Paragraph 6 of the order of the High Court dated 1 March 2023 does not indicate that the High Court has invoked Section 340; it has merely flagged the issue.

6 It would be open for the Advocate General for the State of Uttar Pradesh to urge before the High Court that the provisions of Section 340 CrPC would, in any event, not be attracted whatever view the High Court takes on the merits of the writ petition.

7 We leave it open to the State to make its submission in the event that the High Court is inclined to initiate any proceedings under Section 340 CrPC. Should the High Court do so notwithstanding the objections of the State, it would be open to the State of Uttar Pradesh to move this Court afresh under Article 136 of the Constitution. On the merits, we keep open all the rights and defences of the State of Uttar Pradesh open to be urged before the High Court.

3 8 The Special Leave Petition is accordingly disposed of. 9 Pending applications, if any, stand disposed of.

              (CHETAN KUMAR)                                  (SAROJ KUMARI GAUR)
               A.R.-cum-P.S.                                  Assistant Registrar