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Supreme Court - Daily Orders

Ranjeet Singh vs State Of U.P. on 17 April, 2023

Bench: Surya Kant, J.K. Maheshwari

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     ITEM NO.24                         COURT NO.9                   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(s) for Special Leave to Appeal (Crl.) No(s).5206/2020

     (Arising out of impugned final judgment and order dated 21-09-2020
     in CRMRA No.7/2019 passed by the High Court of Judicature at
     Allahabad)

     RANJEET SINGH                                                    Petitioner(s)

                                                 VERSUS

     STATE OF U.P. & ANR.                                             Respondent(s)

     IA No.108824/2020 - EXEMN.FROM FILING C/C OF CERTIFICATE OF FITNESS
     IA No.87444/2022 - EXEMPTION FROM FILING O.T.
     IA No.108826/2020 - EXEMPTION FROM FILING O.T.

     Date : 17-04-2023 This matter was called on for hearing today.

     CORAM :
                         HON'BLE MR. JUSTICE SURYA KANT
                         HON'BLE MR. JUSTICE J.K. MAHESHWARI

     For Petitioner(s)             Mr. Dr LS Chaudhary, Adv.
                                   Mr. Dr Ajay Chaudhary, Adv.
                                   Mr. DS Chaudhary, Adv.
                                   Mr. Ashwani Kumar Dubey, AOR
                                   Mr. S. Parambir Singh, Adv.
                                   Mr. Dinesh Kumar, Adv.
                                   Mr. Vishesh Kumar, Adv.
                                   Ms. Vinita, Adv.
                                   Ms. Monika, Adv.

     For Respondent(s)             Mr. Garvesh Kabra, AOR

                                  Ms. Anagha S. Desai, AOR
                                  Mr. Satyajit A Desai, Adv.
                                  Mr. Siddharth Gautam, Adv.
                                  Mr. Gajanan N Tirthkar, Adv.
                                  Mr. Abhinav K. Mutyalwar, Adv.

                         UPON hearing the counsel the Court made the following
Signature Not Verified
                                            O R D E R

Digitally signed by satish kumar yadav Date: 2023.04.18

1. 19:32:07 IST Reason: The petitioner is an accused in FIR No.979/2017, registered at Police Station Baxa, Distt. Jaunpur, Uttar Pradesh on 29.10.2017, under Sections 406/409/419/420/467/468/471 IPC. The 2 petitioner sought quashing of chargesheet filed pursuant to the above-stated FIR before the High Court of Judicature at Allahabad by way of a petition under Section 482 Cr.P.C.

2. The High Court on 13.04.2018 issued notice and granted interim stay to the effect that no coercive measures shall be taken against the petitioner. The said petition was dismissed by the High Court due to non-appearance of the petitioner’s counsel on 02.12.2019. The petitioner, thereafter, applied for restoration of the petition, which was allowed on 21.09.2020 but the High Court declined to restore the interim stay.

3. The aggrieved petitioner has approached this Court by way of instant Special Leave Petition.

4. On 06.11.2020, this Court while issuing notice directed that the interim order dated 13.04.2018 passed by the High Court shall continue to operate.

5. During the course of hearing, we have been informed that the main petition filed by the petitioner is still pending before the High Court.

6. In this view of the matter, we deem it appropriate to dispose of this Special Leave Petition with a direction that the interim order dated 13.04.2018, passed by the High Court, shall continue to operate till the petition filed by the petitioner under Section 482 Cr.P.C. is decided on merits.

7. Keeping in view the fact that the petition is pending before the High Court for more than five years, we request the High Court to take up the matter for adjudication at the earliest and make an endeavour to decide the same within three months.

8. It is clarified that we have not expressed any opinion on the merits of the case.

9. As a sequel thereto, pending interlocutory applications also stand disposed of.

(SATISH KUMAR YADAV)                                   (PREETHI T.C.)
  DEPUTY REGISTRAR                                   COURT MASTER (NSH)
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