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Supreme Court - Daily Orders

Sk.Najmul Arfin Alias Sheikh Arfin@ vs The State Of W.B on 29 April, 2016

Bench: Ranjan Gogoi, Arun Mishra, Prafulla C. Pant

     ITEM NO.301                          COURT NO.7                SECTION IIB

                               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). 6951/2013
     (ARISING OUT OF IMPUGNED FINAL JUDGMENT AND ORDER DATED 16/08/2013
     IN CRR NO. 780/2013 PASSED BY THE HIGH COURT OF CALCUTTA)

     SK.NAJMUL ARFIN ALIAS SHEIKH ARFIN@                            PETITIONER(S)

                                                 VERSUS

     THE STATE OF W.B                                  RESPONDENT(S)
     [WITH APPLN.(S) FOR DIRECTIONS AND IMPLEADMENT AS PARTY RESPONDENT
     AND PERMISSION TO FILE ADDITIONAL DOCUMENTS AND STAY AND OFFICE
     REPORT]
               WITH
     SLP(CRL) NO. 1672/2016
     [WITH OFFICE REPORT)

     Date : 29/04/2016 These petitions were called on for hearing today.

     CORAM :
                         HON'BLE MR. JUSTICE RANJAN GOGOI
                         HON'BLE MR. JUSTICE ARUN MISHRA
                         HON'BLE MR. JUSTICE PRAFULLA C. PANT

     For Petitioner(s)
     SLP(CRL) 6951/2013                 Mr.   K.T.S. Tulsi, Sr.Adv.
                                        Mr.   P.H. Parekh, Sr. Adv.
                                        Mr.   Ajay Sharma, Adv.
                                        Mr.   Tara Chandra Sharma, Adv.
                                        Mr.   Rajeev Sharma, Adv.
                                        Mr.   Rupesh Kumar, Adv.

     SLP(CRL) 1672/2016                 Mr.   K.T.S. Tulsi, Sr. Adsv.
                                        Mr.   P.H. Parekh, Sr. Adv.
                                        Mr.   Sumit Goel, Adv.
                                        Mr.   Vishal Prasad, Adv.
                                        Mr.   Abhishek Vinod Deshmukh, Adv.
                                        Ms.   S. Lakshmi Iyer, Adv.
                                        Mr.   Faraz Khan, Adv.
                                        Ms.   Pallavi Malhotra, Adv.
                                        for   M/s. Parekh & Co., Adv.
Signature Not Verified

Digitally signed by
VINOD LAKHINA
Date: 2016.04.29
17:08:22 IST
Reason:




                                                                            Page No.1 of 3
For Respondent(s)                  Mr. V. Giri, Sr. Adv.

                                   Mr.   Joydeep Mazumdar, Adv.
                                   Ms.   Reshmi Rea Sinha, Adv.
                                   Mr.   Debojyoti Bhattacharya, Adv.
                                   Mr.   Parijat Sinha, Adv.

                                   Mr. Ranjan Mukherjee, Adv.

             UPON hearing the counsel the Court made the following
                                   O R D E R
SLP(CRL.) NO.6951/2013

In view of the liberty granted by the High Court in paragraph 23 of the order under challenge we do not consider it expedient to answer the questions referred to us. We leave it open for the petitioner to avail of the said remedy and urge all contentions as may be open to him in law before the learned trial Court at the stage of framing of charges. We also make it clear that the learned trial Court will decide the matter of framing of charges uninfluenced by any of the observations that may have been recorded by the High Court in the order under challenge. The above, according to us, would justify the closure of this Special Leave Petition in terms of the views as recorded above. We also make it clear that we have expressed no opinion on merits.

The Special Leave Petition as also all pending applications including the application for impleadment is disposed of in the above terms.

Page No.2 of 3 SLP(CRL) NO. 1672/2016 The present Special Leave Petition is disposed of in terms of the order dated 29th April, 2016 passed in Special Leave Petition (Criminal) No.6951 of 2013.

    [VINOD LAKHINA]                     [ASHA SONI]
      COURT MASTER                     COURT MASTER




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