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Supreme Court - Daily Orders

M R Ajayan vs The State Of Kerala on 25 July, 2023

Bench: C.T. Ravikumar, Sanjay Kumar

                                                 1

     ITEM NO.6                         COURT NO.16                SECTION II-B

                              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 (CRIMINAL) Diary No(s). 18482/2023

     (Arising out of impugned final judgment and order dated 10-03-2023
     in CRLMC No. 5261/2022 passed by the High Court Of Kerala At
     Ernakulam)

     M R AJAYAN                                                     Petitioner(s)

                                                VERSUS

     THE STATE OF KERALA & ORS.                                     Respondent(s)

     (FOR ADMISSION and IA No.106830/2023-PERMISSION TO FILE PETITION
     (SLP/TP/WP/..) )

     WITH SLP(Crl) No. 7896/2023 (II-B)
     (FOR ADMISSION and I.R. and IA No.123334/2023-EXEMPTION FROM FILING
     C/C OF THE IMPUGNED JUDGMENT and IA No.123336/2023-EXEMPTION FROM
     FILING O.T.)

     Date : 25-07-2023 This petition was called on for hearing today.

     CORAM :             HON'BLE MR. JUSTICE C.T. RAVIKUMAR
                         HON'BLE MR. JUSTICE SANJAY KUMAR

     For Petitioner(s)            Mr. V. Giri, Sr. Adv.
                                  Mr. Deepak Prakash, AOR
                                  Mr. Pawan Kr. Dabas, Adv.
                                  Mr. Raneev Dahiya, Adv.
                                  Mr. Nachiketa Vajpayee, Adv.
                                  Ms. Divyangna Malik, Adv.
                                  Mr. Rahul Lakhera, Adv.
                                  Ms. Vishnu Priya, Adv.
                                  Mr. Shyam Nair, Adv.
                                  Mr. Vardaan Kapoor, Adv.

                                  Mr. S. Nagamuthu, Sr. Adv.
                                  Mr. D. K. Devesh, AOR
                                  Ms. Snehal Uday Kanzarkar, Adv.
                                  Mr. Shailja Nanda Mishra, Adv.
                                  Mr. Upendra Pratap Singh, Adv.
Signature Not Verified
                                  Mr. Harsh Singh Rawat, Adv.
Digitally signed by
NIRMALA NEGI
Date: 2023.07.25

     For Respondent(s)            Mr. V. Giri, Sr. Adv.
16:07:59 IST
Reason:


                                  Mr. Deepak Prakash, AOR
                                  Mr. Pawan Kr. Dabas, Adv.
                                  Mr. Raneev Dahiya, Adv.
                                        2

                      Mr. Nachiketa Vajpayee, Adv.
                      Ms. Divyangna Malik, Adv.
                      Mr. Rahul Lakhera, Adv.
                      Ms. Vishnu Priya, Adv.
                      Mr. Shyam Nair, Adv.
                      Mr. Vardaan Kapoor, Adv.

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

Since the issues involved in both the matters are intertwined and inter-related, the matters were taken up and heard jointly.

Issue notice, returnable in six weeks. Parties are permitted to serve the Standing Counsel for the State of Kerala. The respective petitioner shall also serve notices on the respective party respondent(s) on usual mode. Dasti, in addition, is permitted in that regard.

The party respondent in SLP(Crl.) Dy. no. 18482/2023 raises the question regarding the locus standi of the petitioner therein, to assail the order dated 10.3.2023 passed by the High Court of Kerala at Ernakulam in Crl.MC No. 5261 of 2022. We make it clear that we are reserving the right to raise that objection to the said respondent and in other words, that question will be considered at the appropriate time.

In view of the nature of the issues involved, we order that no proceeding shall be initiated or pursued, based on the impugned order dated 10.3.2023 passed by the High Court, without further orders from this Court.

(DR. NAVEEN RAWAL)                                         (MATHEW ABRAHAM)
ASTT. REGISTRAR-cum-PS                                     COURT MASTER (NSH)