Supreme Court - Daily Orders
Devendra Kumar Pal vs State Of U.P on 27 September, 2021
Bench: Sanjay Kishan Kaul, M.M. Sundresh
ITEM NO.24 Court 6 (Video Conferencing) 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.6960/2021
(Arising out of impugned final judgment and order dated 25-08-2021
in A482 No.12164/2021 passed by the High Court Of Judicature at
Allahabad)
DEVENDRA KUMAR PAL Petitioner(s)
VERSUS
STATE OF U.P & ANR. Respondent(s)
(IA No.115643/2021-EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT
IA No. 115644/2021 - EXEMPTION FROM FILING O.T.) Date : 27-09-2021 These matters were called on for hearing today.
CORAM : HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE M.M. SUNDRESH For Petitioner(s) Mr. Puneet Singh Bindra, AOR Mr. Neeraj Kumar, Adv.
Ms. Simran Jeet, Adv.
Mr. Akshay Goel, Adv.
For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Applications seeking exemption from filing C/C of the impugned judgment and exemption from filing O.T. are allowed.
Learned counsel for the petitioner has drawn our attention to the impugned judgment of the Additional Sessions Judge to contend that a finding was reached on the Signature Not Verified basis of the evidence that the offences under Section 302 Digitally signed by RASHI GUPTA Date: 2021.09.28 17:13:44 IST read with Section 149 IPC, Section 323 read with Section 149 Reason: IPC against various accused was proved beyond doubt and one 1 of the accused named therein is the petitioner viz. Devendra. It was also recorded that the Investigating Officer had not filed the charge-sheet against Devendra on the ground that Devendra at the time of occurrence was at his duty place. The evidence collected by Investigating Officer has been opined not to give rise to such a conclusion.
The petitioner has thus been called for trial on the basis of sufficiency of evidence against him. The said direction has been upheld by dismissing the application of the petitioner filed under Section 482 Cr.P.C.
It is the submission of the learned counsel for the petitioner that this very issue is pending consideration before the Constitution Bench i.e. whether the orders summoning the accused under Section 319 of the Cr.P.C. can be passed simultaneously with the judgment in the main trial. In this behalf our attention has been invited to the Orders placed on record by the Registry inter-alia Criminal Appeal No.885/2019 opining that the opinion of the Constitution Bench of this Court in (2014) 3 SCC 92 titled “Hardeep Singh Vs. State of Punjab & Ors.” decided on 10.1.2014 needs further elucidation. The said matter is stated to be still pending consideration.
Issue notice.
Tag with Criminal Appeal No.886/2019. Since non-bailable warrants are stated to have been issued against the petitioner, the same are stayed subject to the condition that the petitioner will enter appearance before the Trial Court but trial will not proceed further.
A copy of this order to accompany notice.
(RASHMI DHYANI) (POONAM VAID)
COURT MASTER COURT MASTER
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