Supreme Court - Daily Orders
Afzal Ahmad Khan vs The State Of Madhya Pradesh on 20 February, 2020
Bench: Uday Umesh Lalit, Vineet Saran
1
ITEM NO.4 COURT NO.6 SECTION II-A
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.6730/2019
(Arising out of impugned final judgment and order dated 25-04-2019
in CRLA No.725/2007 passed by the High Court Of M.P. Principal Seat
At Jabalpur)
AFZAL AHMAD KHAN Petitioner(s)
VERSUS
STATE OF MADHYA PRADESH Respondent(s)
(OFFICE REPORT FOR DIRECTION)
Date : 20-02-2020 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE UDAY UMESH LALIT
HON'BLE MR. JUSTICE VINEET SARAN
For Petitioner(s) Mr. B.S. Rajesh Agrajit, Adv.
Ms. Dipti Singh, Adv.
Ms. Jyoti Rana, Adv.
Mr. Ankur Sudan, Adv.
Mr. Samdarshi Sanjay, Adv.
Mr. Shyamal Kumar, AOR
For Respondent(s)
UPON hearing the counsel the Court made the following
O R D E R
While dismissing the special leave petition on 09.08.2019, following order was passed by this Court:
“We do not see any reason to interfere in the matter. The special leave petition is, accordingly, dismissed.
We must however record that the learned Chamber Judge Signature Not Verified had granted exemption from surrendering vide order dated 29.07.2019. Since this special leave petition is Digitally signed by MUKESH KUMAR Date: 2020.02.24 13:49:25 IST Reason: dismissed, we grant fifteen days’ time to the petitioner to surrender before the concerned Police Station to undergo the remaining sentence, failing which the concerned Police Station shall immediately arrest the petitioner and take him in custody.2
A copy of this order shall be sent to the concerned Police Station as well as to the jurisdictional Chief Judicial Magistrate for compliance.
Pending application(s), if any, shall stand disposed of. Later, certain directions were issued in orders dated 07.01.2020 and 17.01.2020, which orders for facility are also quoted here:
“Order Dated 07.01.2020:
While dismissing the special leave petition, this Court vide its order dated 09.08.2019 had directed the petitioner to surrender within fifteen days to undergo the remaining sentence and a copy of the order was directed to be sent to the concerned Police Station as well as to the jurisdictional Chief Judicial Magistrate. No compliance report has yet been furnished by the concerned Police Station.
List the matter on 17.01.2020 to report compliance. A copy of this order shall immediately be sent to the concerned Police Station as well as to the jurisdictional Chief Judicial Magistrate.” “Order Dated 17.01.2020:
Despite our order dated 07.01.2020, compliance report has not yet been furnished.
Let fresh intimation be sent to the concerned Police Station as well as the jurisdictional Chief Judicial Magistrate.
List this matter to report compliance on 14.02.2020.” The Registry has placed on record a communication dated 25.01.2020 received from the Police Station In-charge Adhartal, Jabalpur stating that despite best efforts the petitioner could not be apprehended.3
The Registry to send a communication to the D.G.P., Madhya Pradesh to see to it that the orders passed by this Court are complied with and a report in that behalf shall be made as early as possible and not later than four weeks from today. List on 27.03.2020.
(MUKESH NASA) (R.S. NARAYANAN)
COURT MASTER BRANCH OFFICER