Supreme Court - Daily Orders
U.S.Chauhan vs Rajeev Malhotra on 20 November, 2018
Bench: Uday Umesh Lalit, D.Y. Chandrachud
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IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
M.A. NO.2509 OF 2018
IN
CRIMINAL APPEAL NO.690 OF 2006
U.S. CHAUHAN Applicant/
Appellant
VERSUS
RAJEEV MALHOTRA & ORS. Respondent(s)
O R D E R
1. Delay in filing application for restoration of criminal appeal is condoned.
2. Learned counsel appearing for the applicant in M.A. No.2509 of 2018 has placed on record affidavit of the then Advocate-on-Record. Said affidavit is taken on record.
3. Our attention has also been invited to the judgment of this Court dated 05.09.2018 passed in Criminal Appeal No.684 of 2006. It is submitted that the case of the appellant therein and the present applicant is identical and infact the appellant therein and the applicant Signature Not Verified were Junior Engineers and were visited with same Digitally signed by punishment in common Contempt Petition. MUKESH KUMAR Date: 2018.11.24 13:06:19 IST Reason:
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4. Since the judgment and order passed by the High Court holding the appellant in Criminal Appeal No.684 of 2006 guilty of committing contempt of court has been set-aside by this Court, the learned counsel prays for identical relief in respect of the present applicant.
5. We have gone through the record and find force in the contention advanced by the learned counsel for the applicant.
6. We, therefore, recall order dated 18.01.2017 passed by this Court, restore Criminal Appeal No.690 of 2006 to the file, and, dispose-of the same in same terms as Criminal Appeal No.684 of 2006.
7. Miscellaneous Application and Criminal Appeal stand disposed of in aforesaid terms.
.................................J. [UDAY UMESH LALIT] .................................J. (DR. DHANANJAYA Y. CHANDRACHUD) NEW DELHI;
NOVEMBER 20, 2018.
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ITEM NO.7 COURT NO.11 SECTION II-C
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
MA No.2509 of 2018 in Criminal Appeal No.690/2006 (Arising out of impugned final judgment and order dated 18-01-2017 in Crl.A. No.690/2006 passed by the Supreme Court Of India) U.S. CHAUHAN Petitioner(s) VERSUS RAJEEV MALHOTRA & ORS. Respondent(s) (FOR ADMISSION; IA No.132123/2018-RESTORATION; and, IA No.132125/2018 - CONDONATION OF DELAY IN FILING APPLICATION FOR RESTORATION) Date : 20-11-2018 This petition was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE UDAY UMESH LALIT HON'BLE DR. JUSTICE D.Y. CHANDRACHUD For Petitioner(s) Mr. Peeyoosh Kalra, Adv.
Ms. Mahua Kalra, AOR For Respondent(s) Mr. Ashok Mathur, AOR UPON hearing the counsel the Court made the following O R D E R Delay condoned.
M.A. and Criminal Appeal are disposed of, in terms of the signed order.
Pending application(s), if any, shall stand disposed.
(MUKESH KUMAR) (SUMAN JAIN)
COURT MASTER BRANCH OFFICER
(Signed Order is placed on the File)