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Supreme Court - Daily Orders

Most Rev.Prof.Rajendra Bihari Lal vs The State Of Uttar Pradesh on 5 April, 2019

Bench: Uday Umesh Lalit, Indu Malhotra

                                                                                                  1

     ITEM NO.37                                  COURT NO.8                     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 for Special Leave to Appeal (Crl.) No.2820/2019

     (Arising out of impugned final judgment and order dated 15-03-2019
     in CRLMA No.27322/2018 passed by the High Court Of Judicature At
     Allahabad)

     MOST REV. PROF.RAJENDRA BIHARI LAL                                          Petitioner(s)

                                                         VERSUS

     STATE OF UTTAR PRADESH & ANR.                                               Respondent(s)

     (FOR ADMISSION and I.R.; IA No.51091/2019-EXEMPTION FROM FILING C/C
     OF THE IMPUGNED JUDGMENT; IA No.51094/2019-EXEMPTION FROM FILING
     O.T.; and, IA No.51092/2019-PERMISSION TO FILE LENGTHY LIST OF
     DATES)

     Date : 05-04-2019 This petition was called on for hearing today.

     CORAM :
                              HON'BLE MR. JUSTICE UDAY UMESH LALIT
                              HON'BLE MS. JUSTICE INDU MALHOTRA


     For Petitioner(s)                    Mr.   Kapil Sibal, Sr. Adv.
                                          Mr.   Siddhartha Dave, Sr. Adv.
                                          Mr.   Amit Negi, Adv.
                                          Ms.   Jemtiben AO, Adv.
                                          Mr.   Samit Gopal, Adv.
                                          Mr.   Farrukh Rasheed, AOR

     For Respondent(s)


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

Heard learned counsel for the petitioner. We do not see any reason to interfere with the order dismissing the application under Section 482 CrPC seeking quashing Signature Not Verified Digitally signed by MUKESH KUMAR Date: 2019.04.06 of the charge-sheet and supplementary charge-sheet filed in the 12:56:10 IST Reason:

matter.
2
Since the challenge has been negated, we direct the petitioner to appear before the Trial Court on 15.04.2019 at 10.00 a.m. with at least two days’ advance notice to the Public Prosecutor. If the petitioner so appears, the Trial Court may consider whether the petitioner is entitled to any relief of bail.
If the petitioner does not appear before the Trial Court on 15.04.2019, the protection granted under this order shall come to an end.

We also direct the Trial Court to take up the matter immediately for framing of charges, if any. Needless to say that the accused shall be entitled to prefer application seeking discharge. Let the matter be gone into by the Trial Court on merits.

We must also state that we have not expressed any opinion on the merits of the matter which shall be gone into by the Trial Court.

With the above observations, the special leave petition is, accordingly, disposed of.

Pending application(s), if any, shall stand disposed of.

       (MUKESH NASA)                                           (RAJINDER KAUR)
       COURT MASTER                                            BRANCH OFFICER