IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO(S). 4-5/2020 (ARISING FROM SLP(CRL) NOS. 929-930/2016) GYANDEO PRASAD SINGH APPELLANT(S) VERSUS THE STATE OF BIHAR AND ANR. ETC. RESPONDENT(S) O R D E R 1. Heard learned counsel for the parties. 2. Leave granted. 3. The charge-sheet has been filed before the Trial Court. The Trial Court has taken cognizance under Section 304-B of the Indian Penal Code. The death has taken place within three years. A reading of the FIR and statement of the father and the family members of the girl implicates the husband and another accused. It was not the stage to disbelieve their version by the High Court, as has been done in the impugned order, and to give a clean chit to accused persons while allowing the discharge application, which was rightly rejected by the Chief Judicial Magistrate. 4. Thus, in the facts and circumstances, we set aside the impugned order passed by the High Court and restore that of the Chief Judicial Magistrate. The appeals are, accordingly, allowed. 5. We make it clear that we have not commented on the merits of the case. 1
6. Pending application(s), if any, shall stands disposed of. ...........................J. [ARUN MISHRA] ...........................J. [INDIRA BANERJEE] NEW DELHI; JANUARY 06, 2020. 2
ITEM NO.39 COURT NO.3 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(s) for Special Leave to Appeal (Crl.) No(s).929-930/2016 (Arising out of impugned final judgment and order dated 20-08-2015 in CRM No. 47176/2014 20-08-2015 in CRM No. 47098/2014 passed by the High Court of Judicature at Patna) GYANDEO PRASAD SINGH PETITIONER(S) VERSUS THE STATE OF BIHAR AND ANR. ETC. RESPONDENT(S) (IA No. 1956/2016 - EXEMPTION FROM FILING O.T.) Date : 06-01-2020 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE ARUN MISHRA HON'BLE MS. JUSTICE INDIRA BANERJEE For Petitioner(s) Mr. Neeraj Shekhar, AOR Mr. Sumit Kumar,Adv. Mr. Ashutosh Thakur,Adv. Mr. Animesh Kumar,Adv. For Respondent(s) Mr. Devashish Bharuka, AOR Mr. Ravi Bharuka,Adv. Ms. Sarvshree,Adv. Mr. Justine George,Adv. Mr. Shishir Pinaki, AOR Mr. C.B. Singh,Adv. Mr. Rajiv Kumar Sinha,Adv. UPON hearing the counsel the Court made the following O R D E R The appeals are allowed in terms of the signed order. (NARENDRA PRASAD) (JAGDISH CHANDER) COURT MASTER COURT MASTER (Signed order is placed on the file) 3
ITEM NO.41 COURT NO.3 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(s) for Special Leave to Appeal (Crl.) No(s). 929- 930/2016 (Arising out of impugned final judgment and order dated 20-08-2015 in CRM No. 47176/2014 20-08-2015 in CRM No. 47098/2014 passed by the High Court Of Judicature At Patna) GYANDEO PRASAD SINGH Petitioner(s) VERSUS THE STATE OF BIHAR AND ANR. ETC. Respondent(s) (IA No. 1956/2016 - EXEMPTION FROM FILING O.T.) Date : 13-12-2019 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE ARUN MISHRA HON'BLE MS. JUSTICE INDIRA BANERJEE For Petitioner(s) Mr. Neeraj Shekhar, AOR Mr. Sumit Kumar, Adv. Mr. Animesh Kumar, Adv. Mr. Rana Prashant, Adv. Ms. Ekta Bharati, Adv. For Respondent(s) Mr. Devashish Bharuka, AOR Mr. Ravi Bharuka, Adv. Ms. Sarvshree, Adv. Mr. Justine George, Adv. Ms. Srishti Agarwal, Adv. Mr. Sanjiv Goel, Adv. Mr. Pardeep Dahiya, Adv. Mr. Shishir Pinaki, AOR UPON hearing the counsel the Court made the following O R D E R Perused the letter circulated by learned counsel for Respondent No. 2 seeking adjournment due to personal difficulty. List the matter in the month of January, 2020. (JAYANT KUMAR ARORA) (JAGDISH CHANDER) COURT MASTER BRANCH OFFICER
ITEM NO.27 REGISTRAR COURT. 2 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 BEFORE THE REGISTRAR MR. SANJAY PARIHAR Petition(s) for Special Leave to Appeal (Crl.) No(s). 929-930/2016 GYANDEO PRASAD SINGH Petitioner(s) VERSUS THE STATE OF BIHAR & ORS. Respondent(s) Date : 09-02-2018 These petitions were called on for hearing today. For Petitioner(s) Mr.Sumit Kumar,Adv. Mr. Neeraj Shekhar, AOR For Respondent(s) Ms. Urvashi Sharma,Adv. Mr. Gopal Singh, AOR UPON hearing the counsel the Court made the following O R D E R Ld.counsel for the petitioner has failed to file the fresh particulars and to take fresh steps in the respect of the respondent No.2 despite opportunities given. Therefore, the matter shall be processed for listing before the Hon'ble Judge in Chambers for further directions. Await orders and list thereafter. SANJAY PARIHAR Registrar SB
ITEM NO.44 REGISTRAR COURT. 1 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 BEFORE THE REGISTRAR MR. KAPIL MEHTA Petition(s) for Special Leave to Appeal (Crl.) No(s). 929-930/2016 GYANDEO PRASAD SINGH Petitioner(s) VERSUS THE STATE OF BIHAR & ORS. Respondent(s) Date : 06-12-2017 These petitions were called on for hearing today. For Petitioner(s) Mr. Sumit Kumar, Adv. Mr. Neeraj Shekhar, AOR For Respondent(s) Mr. Shreyas Jain, Adv. Mr. Gopal Singh, AOR UPON hearing the counsel the Court made the following O R D E R Opportunity to respondent No.1 to file counter affidavit has already been declined. The Ld. Counsel for the petitioner to take fresh steps alongwith fresh particulars of respondent No.2 within two weeks, as last opportunity. Notice thereafter be issued. List again on 9.2.2018. KAPIL MEHTA Registrar 6.12.2017 rd
ITEM NO.33 REGISTRAR COURT. 2 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 BEFORE THE REGISTRAR MR. SANJAY PARIHAR Petition(s) for Special Leave to Appeal (Crl.) No(s). 929-930/2016 GYANDEO PRASAD SINGH Petitioner(s) VERSUS THE STATE OF BIHAR & ORS. Respondent(s) Date : 25-10-2017 These petitions were called on for hearing today. For Petitioner(s) Mr.Neeraj Shekhar, AOR For Respondent(s) Mr.Kumar Milind,Adv. Mr.Gopal Singh, AOR UPON hearing the counsel the Court made the following O R D E R The respondent No.1 has failed to file the counter affidavit within the period stipulated under the rules. As per postal tracking report in respect of respondent No.2, the remarks shows that “Addressee is out of Village”. Hence, Ld.counsel for the petitioner shall within a period of four weeks file the fresh particulars of the above respondent and he shall also take fresh steps for the service of notice to him within the same period. List the matter again on 06.12.2017. SANJAY PARIHAR Registrar SB
ITEM NO.47 REGISTRAR COURT. 2 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 BEFORE THE REGISTRAR MR. SANJAY PARIHAR Petition(s) for Special Leave to Appeal (Crl.) No(s). 929-930/2016 GYANDEO PRASAD SINGH Petitioner(s) VERSUS THE STATE OF BIHAR & ORS. Respondent(s) Date : 28-08-2017 These petitions were called on for hearing today. For Petitioner(s) Mr. Sumit Kumar,Adv. Mr. Animesh Kumar,Adv. Mr. Neeraj Shekhar, AOR For Respondent(s) Mr. Kumar Milind,Adv. Mr. Gopal Singh, AOR UPON hearing the counsel the Court made the following O R D E R Four weeks time, as last chance is given to the respondent No.1 to file the counter affidavit. Await the return of the service of notice already issued to the respondent Nos. 2. List again on 23.10.2017 . SANJAY PARIHAR Registrar MG
ITEM NO.52 REGISTRAR COURT. 2 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 BEFORE THE REGISTRAR MR. SANJAY PARIHAR Petition(s) for Special Leave to Appeal (Crl.) No(s). 929-930/2016 GYANDEO PRASAD SINGH Petitioner(s) VERSUS THE STATE OF BIHAR & ORS. Respondent(s) Date : 17-07-2017 These petitions were called on for hearing today. For Petitioner(s) Mr. Sumit Kumar,Adv. Mr. Neeraj Shekhar, AOR For Respondent(s) Mr. Kumar Milind,Adv. Mr. Gopal Singh, AOR UPON hearing the counsel the Court made the following O R D E R Four weeks time is given to the respondent No.1 to file the counter affidavit. Fresh steps for the service of notice by usual mode to the respondent No. 2 shall be taken by the learned counsel for the petitioner within a period of two weeks. List again on 28.8.2017 . SANJAY PARIHAR Registrar MG
ITEM NO.22 COURT NO.9 SECTION IIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Crl.) NO....../2016CRL.M.P. Nos.721-722/2016(Arising out of impugned final judgment and order dated 20/08/2015in CRM No.47176/2014 and CRM No.47098/2014 passed by the High CourtOf Patna)GYANDEO PRASAD SINGH Petitioner(s) VERSUSSTATE OF BIHAR AND ANR. ETC. Respondent(s)(With appln. (s) for c/delay in filing SLP)Date : 27/01/2016 These petitions were called on for hearing today.CORAM : HON'BLE MR. JUSTICE M.Y. EQBAL HON'BLE MR. JUSTICE ARUN MISHRAFor Petitioner(s) Mr. Neeraj Shekhar,Adv. Mr. Rohit Kumar Singh, Adv. Mr. Animesh Kumar, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Delay condoned. Issue notice. (Sanjay Kumar-II) (Indu Pokhriyal) Court Master Court Master
ITEM NO.15 REGISTRAR COURT. 2 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 BEFORE THE REGISTRAR RAJESH KUMAR GOEL Petition(s) for Special Leave to Appeal (Crl.) No(s). 929- 930/2016 GYANDEO PRASAD SINGH Petitioner(s) VERSUS THE STATE OF BIHAR AND ANR. ETC. Respondent(s) Date : 03-05-2019 These petitions were called on for hearing today. For Petitioner(s) Mr. Sumit Kumar, Adv. Mr. Animesh Kumar, Adv. Mr. Neeraj Shekhar, AOR For Respondent(s) Mr. Ravi Bharuka, Adv. Ms. Sarvshree Singh, Adv. Mr. Justine George, Adv. Mr. Devashish Bharuka, AOR UPON hearing the counsel the Court made the following O R D E R Respondent No.1 has failed to file the Counter Affidavit within the stipulated period under the rules. Service is complete on respondent no.2 by way of affixation in both the matters. Viewed thus, the matter shall be processed for listing before the Hon’ble Court as per rules. RAJESH KUMAR GOEL Registrar CD
ITEM NO.29 REGISTRAR COURT. 2 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 BEFORE THE REGISTRAR RAJESH KUMAR GOEL Petition(s) for Special Leave to Appeal (Crl.) No(s). 929- 930/2016 GYANDEO PRASAD SINGH Petitioner(s) VERSUS THE STATE OF BIHAR & ORS. Respondent(s) Date : 20-02-2019 These petitions were called on for hearing today. For Petitioner(s) Mr. Sumit Kumar,Adv. Mr. Neeraj Shekhar, AOR For Respondent(s) Mr. M. Shoeb Alam, AOR Mr. Devashish Bharuka,Adv. Mr.Ravi Bharuka,Adv. Ms. Sarvshree,Adv. Mr. Justine George,Adv. Mr. Aditya Singala,Adv. UPON hearing the counsel the Court made the following O R D E R The office report indicates that Ld. Counsel for petitioner has taken fresh steps in respect of respondent No.2 but failed to file particulars of Trial Court . At this stage, Ld. Counsel for the petitioner submits that he will furnish the details of the Trial Court during the course of the day. If it is so, Registry to issue notice urgently. List again on 3.5.2019. RAJESH KUMAR GOEL Registrar MG
ITEM NO.22 REGISTRAR COURT. 2 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 BEFORE THE REGISTRAR RAJESH KUMAR GOEL Petition(s) for Special Leave to Appeal (Crl.) No(s). 929- 930/2016 GYANDEO PRASAD SINGH Petitioner(s) VERSUS THE STATE OF BIHAR & ORS. Respondent(s) Date : 07-01-2019 These petitions were called on for hearing today. For Petitioner(s) Mr. Sumit Kumar,Adv. Mr. Animesh Kumar,Adv. Mr. Neeraj Shekhar, AOR For Respondent(s) Mr. M. Shoeb Alam, AOR UPON hearing the counsel the Court made the following O R D E R Four weeks’ time, as last chance is given to learned counsel for petitioner to comply with the terms of the order dated 29.10.2018 of this Court in respect of respondent No.2. As prayed, respondent No.2 be served through Ld. Trial Court, the particulars of which shall be furnished by the Ld. Counsel for the petitioner within a period of one week. List again on 20.2.2019. RAJESH KUMAR GOEL Registrar MG
ITEM NO.18 REGISTRAR COURT. 2 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 BEFORE THE REGISTRAR RAJESH KUMAR GOEL Petition(s) for Special Leave to Appeal (Crl.) No(s). 929- 930/2016 GYANDEO PRASAD SINGH Petitioner(s) VERSUS THE STATE OF BIHAR & ORS. Respondent(s) Date : 29-10-2018 These petitions were called on for hearing today. For Petitioner(s) Mr. Sumit Kumar, Adv. Mr. Neeraj Shekhar, AOR For Respondent(s) Mr. Gopal Singh, AOR UPON hearing the counsel the Court made the following O R D E R Four weeks’ time is given to learned counsel for petitioner to file proof of dasti service in respect of respondent no. 2. List again on 07.01.2019. RAJESH KUMAR GOEL Registrar
ITEM NO.19 REGISTRAR COURT. 2 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 BEFORE THE REGISTRAR MR. MANOJ JAIN Petition(s) for Special Leave to Appeal (Crl.) No(s). 929- 930/2016 GYANDEO PRASAD SINGH Petitioner(s) VERSUS THE STATE OF BIHAR & ORS. Respondent(s) Date : 05-09-2018 These petitions were called on for hearing today. For Petitioner(s) Mr.Sumit Kumar,Adv. Mr. Neeraj Shekhar, AOR For Respondent(s) Mr. Gopal Singh, AOR UPON hearing the counsel the Court made the following O R D E R As regards respondent No.2, Ld.counsel for the petitioner has taken fresh steps along with the same particulars as he has no other alternative address. Dasti service was also permitted vide order dated 19.07.2018 of this Court. Registry to issue notice urgently and also issue dasti notice. List the matter again on 29.10.2018. MANOJ JAIN Registrar SB
ITEM NO.17 REGISTRAR COURT. 2 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 BEFORE THE REGISTRAR MR. RAJESH KUMAR GOEL Petitions for Special Leave to Appeal (Crl.) No(s). 929-930/2016 GYANDEO PRASAD SINGH Petitioner(s) VERSUS THE STATE OF BIHAR & ORS. Respondent(s) Date : 19-07-2018 These petitions were called on for hearing today. For Petitioner(s) Mr. Sumit Kumar, Adv. Mr. Animesh Kumar, Adv. Mr. Neeraj Shekhar, Adv. Mr. Rana Prashant, Adv. For Respondent(s) Mr. Gopal Singh, AOR Mr. Kumar Milind, Adv. Ms. Aprajita Sud, Adv. UPON hearing the counsel the Court made the following O R D E R As per postal tracking report in respect of respondent No. 2, the remarks shows that “Addressee has gone outside village, hence returned”. Hence, Ld.counsel for the petitioner shall within a period of four weeks file the fresh particulars of the above respondent and he shall also take fresh steps for the service of notice to him within the same period. In addition, dasti is permitted. List on 05.09.2018. RAJESH KUMAR GOEL Registrar PS
ITEM NO.33 COURT NO.5 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(s) for Special Leave to Appeal (Crl.) Nos. 929-930/2016 GYANDEO PRASAD SINGH Petitioner(s) VERSUS THE STATE OF BIHAR & ANR. Respondent(s) Date : 23-04-2018 These petitions were called on for hearing today. CORAM : HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR [IN CHAMBER] For Petitioner(s) Mr. Animesh Kumar,Adv. Mr. Sumit Kumar,Adv. Mr. Rana Prashant,Adv. Mr. Ashutosh Thakur,Adv. Mr. Aashutosh Srivastava,Adv. Mr. Neeraj Shekhar, AOR For Respondent(s) Mr. Gopal Singh, AOR Mr. Kumar Milind,Adv. UPON hearing the counsel the Court made the following O R D E R As prayed, three weeks' time is granted finally to take steps to serve the unserved respondent No. 2 failing which the special leave petitions shall stand dismissed qua respondent No.2 without further reference to the Court. (ANITA MALHOTRA) (CHANDER BALA) COURT MASTER COURT MASTER
ITEM NO.1 COURT NO.9 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(s) for Special Leave to Appeal (Crl.) No(s). 929-930/2016 GYANDEO PRASAD SINGH Petitioner(s) VERSUS THE STATE OF BIHAR & ANR. Respondent(s) Date : 12-03-2018 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE S. ABDUL NAZEER [IN CHAMBER] For Petitioner(s) Mr. Sumit Kumar, Adv. Mr. Neeraj Shekhar, AOR Mr. Animesh Kumar, Adv. For Respondent(s) Mr. Gopal Singh, AOR Mr. Kumar Milind, Adv. UPON hearing the counsel the Court made the following O R D E R Learned counsel appearing for the petitioner prays for and is granted four weeks' time to comply with the office-report dated 13.02.2018. (R. NATARAJAN) (RENUKA SADANA) COURT MASTER (SH) ASST.REGISTRAR