1 IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL JURISDICTION WRIT PETITION (Criminal) NO.164/2018 AMBRISH Petitioner(s) VERSUS THE STATE OF UTTAR PRADESH & ANR. Respondent(s) O R D E R We are informed that the State has rejected the application for premature release even though the petitioner was in custody for over 30 years with remission allegedly on the ground that it was a heinous crime where four people were killed. In view of the aforesaid, it will be for the petitioner to challenge the said order in accordance with law and obtain necessary interim orders. The interim order granted by us on 05.04.2019 directing the release of the petitioner on bail would continue to operate till such time the interim application against the fresh order passed, is decided. We grant four weeks’ time to the petitioner to prefer the petition and in case it is not so filed, naturally the order passed on 05.04.2019 shall stand dissolved. The Writ Petition is disposed of. ……………………………..…….J. [SANJAY KISHAN KAUL] ……………………..……………..J. [KRISHNA MURARI] NEW DELHI; SEPTEMBER 27,2019.
2 ITEM NO.28 COURT NO.10 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition(s)(Criminal) No(s). 164/2018 AMBRISH Petitioner(s) VERSUS THE STATE OF UTTAR PRADESH & ANR. Respondent(s) Date : 27-09-2019 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE KRISHNA MURARI For Petitioner(s) Dr. I.M. Quddusi, Sr. Adv. Mr. Jabar Singh, Adv. Mr. Sanjay Krishna, Adv. Mr. Parmod Kumar, Adv. Mr. Akshay Saxena, Adv. M/S. V. Maheshwari & Co., AOR For Respondent(s) Mr. Vinod Diwakar, Adv, Mr. Sarvesh Singh Baghel, AOR Mr. Pranav Kaashyap, Adv. UPON hearing the counsel the Court made the following O R D E R The Writ Petition is disposed of in terms of the signed order. Pending application, if any, stands disposed of. (ASHA SUNDRIYAL) (ANITA RANI AHUJA) COURT MASTER COURT MASTER [Signed order is placed on the file]
ITEM NO.32 COURT NO.11 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition(s)(Criminal) No(s). 164/2018 AMREESH Petitioner(s) VERSUS THE STATE OF UTTAR PRADESH & ANR. Respondent(s) Date : 26-08-2019 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE K.M. JOSEPH For Petitioner(s) Mr. Vipul Maheshwari, Adv. Mr. Jabar Singh, Adv. Mr. Parmod Kumar, Adv. M/S. V. Maheshwari & Co. For Respondent(s) Mr. Vinod Diwakar, Adv. Mr. Sarvesh Singh Baghel, AOR UPON hearing the counsel the Court made the following O R D E R As per letter, adjourned by four weeks. (ASHA SUNDRIYAL) (ANITA RANI AHUJA) COURT MASTER COURT MASTER
ITEM NO.65 COURT NO.14 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition(s)(Criminal) No(s). 164/2018 AMREESH Petitioner(s) VERSUS THE STATE OF UTTAR PRADESH & ANR. Respondent(s) Date : 06-05-2019 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MS. JUSTICE INDIRA BANERJEE For Petitioner(s) Mr. S.C. Maheshwari, Sr. Adv. Mr. Vipul Maheshwari, Adv. Mr. Jabar singh, Adv. Mr. Pramod Kumar, Adv. Mr. R.K. Gupta, Adv. M/S. V. Maheshwari & Co., AOR For Respondent(s) Mr. Vinod Diwakar, AAG Mr. B.N. Dubey, Adv. Mr. Sarvesh Singh Baghel, AOR UPON hearing the counsel the Court made the following O R D E R Petitioner has been released on bail in pursuance to this Court’s order dated 5 th April, 2019. Learned counsel for the petitioner had prayed for and is granted three weeks’ time to file rejoinder affidavit. Learned counsel for the respondents also permitted to file an additional affidavit within four weeks. List in the last week of August, 2019. (NEELAM GULATI) (ANITA RANI AHUJA) COURT MASTER (SH) COURT MASTER (NSH)
1 ITEM NO.42 COURT NO.14 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition (Criminal) No(s).164/2018 AMREESH Petitioner(s) VERSUS THE STATE OF UTTAR PRADESH & ANR. Respondent(s) Date : 05-04-2019 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MS. JUSTICE INDIRA BANERJEE For Petitioner(s) Mr. S.C. Maheshwari,Sr.Adv. Mr. Jabar Singh,Adv. Mr. Vipul Maheshwari,Adv. Mr. Pramod Kumar,Adv. Mr. Sanjay K.,Adv. Mr. R.K. Gupta,Adv. for M/s. V. Maheshwari & Co.,AOR For Respondent(s) Mr. Manoj Kumar,Adv. 1&2 Mr. Sarvesh Singh Baghel,AOR UPON hearing the counsel the Court made the following O R D E R Learned counsel appearing for Respondent Nos.1 and 2 seeks four weeks' time for the Committee to take a call on the application for release of the petitioner. List on 6th May, 2019. In the meantime, we may note that it is in not dispute that the petitioner has been in incarceration for a period of about 30 years including remission. In view of this fact, it is directed that pending further consideration of
2 the writ petition, the petitioner be released on bail on execution of a personal bond to the satisfaction of the Superintendent of Jail and shall report to the SHO of his residential place every fortnight. (Anita Rani Ahuja) (Sarita Purohit) Branch Officer AR-cum-PS
1 ITEM NO.43 COURT NO.14 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition (Criminal) No.164/2018 AMREESH Petitioner(s) VERSUS STATE OF UTTAR PRADESH & ANR. Respondent(s) Date : 11-03-2019 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MS. JUSTICE INDIRA BANERJEE For Petitioner(s) Mr. S.C. Maheshwari, Sr. Adv. Mr. Vipul Maheshwari, Adv. Mr. Jabar Singh, Adv. Mr. Parmod Kumar, Adv. for M/S. V. Maheshwari & Co., AOR For Respondent(s) Mr. Sarvesh Singh Baghel, Adv. Mr. D.S. Parmar, Adv. UPON hearing the counsel the Court made the following O R D E R Counter affidavit(s) has not been filed by the learned counsel for the respondents despite opportunity being granted on 8-02-2019. Further opportunity of one week is sought, which is granted subject to deposit of costs of Rs.5000/- with the Advocates’ on Record Welfare Fund to be recovered from the officer responsible for the non-compliance of the order dated 8-02-2019. Certificate of recovery be filed with counter affidavit.
2 Rejoinder affidavit(s), if any, be filed within a week thereafter. List the matter after three weeks. (POOJA ARORA) (ANITA RANI AHUJA) COURT MASTER COURT MASTER
ITEM NO.50 COURT NO.14 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition(s)(Criminal) No(s). 164/2018 AMREESH Petitioner(s) VERSUS THE STATE OF UTTAR PRADESH & ANR. Respondent(s) Date : 08-02-2019 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MS. JUSTICE INDIRA BANERJEE For Petitioner(s) Ms. S. C. Maheswari, Sr. Adv. Mr. Jabar Singh, Adv. Mr. Vipul Maheswari, Adv. Mr. Akshay Saxena, Adv. For M/S. V. Maheshwari & Co., AOR For Respondent(s) Mr. Jitendra Kumar Tripatih, Adv. Mr. Sarvesh Singh Baghel, Adv. UPON hearing the counsel the Court made the following O R D E R Learned counsel for the respondents has entered appearance and has prayed for filing of counter affidavit. Counter affidavit be filed within three weeks. Rejoinder affidavit, if any be filed within one week thereafter. List the matter after four weeks. (SWETA DHYANI) (ANITA RANI AHUJA) SENIOR PERSONAL ASSISTANT COURT MASTER (NSH)
ITEM NO.20 COURT NO.14 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition(s)(Criminal) No(s). 164/2018 AMREESH Petitioner(s) VERSUS THE STATE OF UTTAR PRADESH & ANR. Respondent(s) (FOR ADMISSION) (IA NO.165987/2018 – EXEMPTION FROM FILING O.T. IA NO.92514/2018 – EXEMPTION FROM FILING O.T. IA NO.165985/2018 – PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Date : 21-01-2019 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MS. JUSTICE INDIRA BANERJEE For Petitioner(s) Mr. S.C. Maheshwari, Sr. Adv. Mr. Vipul Maheshwari, Adv. Mr. Jabar Singh, Adv. Mr. Rakesh Gupta, Adv. M/S. V. Maheshwari & Co., AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Applications for exemption from filing Official Translation and permission to file additional documents are allowed. Issue notice returnable within two weeks. (GEETA AHUJA) (VIDYA NEGI) COURT MASTER (SH) COURT MASTER (NSH)
ITEM NO.35 COURT NO.4 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition(s)(Criminal) No(s). 164/2018 AMREESH Petitioner(s) VERSUS THE STATE OF UTTAR PRADESH & ANR. Respondent(s) (FOR ADMISSION and IA No.92514/2018-EXEMPTION FROM FILING O.T.) Date : 17-08-2018 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE KURIAN JOSEPH HON'BLE MR. JUSTICE SANJAY KISHAN KAUL For Petitioner(s) Mr. S.C. Maheshwari,Sr.Adv. Mr. Jabar Singh,Adv. For M/s. V. Maheshwari & Co. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R The petitioner is directed to verify as to whether his case has been considered for premature release and if so, what is the order passed in that regard. List after four weeks. (NARENDRA PRASAD) (RENU DIWAN) COURT MASTER ASSISTANT REGISTRAR
ITEM NO.35 COURT NO.4 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition(s)(Criminal) No(s). 164/2018 AMREESH Petitioner(s) VERSUS THE STATE OF UTTAR PRADESH & ANR. Respondent(s) (FOR ADMISSION and IA No.92514/2018-EXEMPTION FROM FILING O.T.) Date : 17-08-2018 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE KURIAN JOSEPH HON'BLE MR. JUSTICE SANJAY KISHAN KAUL For Petitioner(s) Mr. S.C. Maheshwari,Sr.Adv. Mr. Jabar Singh,Adv. For M/s. V. Maheshwari & Co. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R The petitioner is directed to verify as to whether his case has been considered for premature release and if so, what is the order passed in that regard. List after four weeks. (NARENDRA PRASAD) (RENU DIWAN) COURT MASTER ASSISTANT REGISTRAR
ITEM NO.21 COURT NO.11 SECTION X S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS WRIT PETITION(CRIMINAL) Diary No(s). 10009/2018 AMREESH Petitioner(s) VERSUS THE STATE OF UTTAR PRADESH & ANR. Respondent(s) (FOR ADMISSION and IA No.92514/2018-EXEMPTION FROM FILING O.T. and IA No.92512/2018-CONDONATION OF DELAY IN REFILING ) Date : 20-07-2018 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE NAVIN SINHA [IN CHAMBERS] For Petitioner(s) Mr. Jabar Singh, Adv. Mr. Parmod Kumar, Adv. M/S. V. Maheshwari & Co., AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Delay in refiling the Writ Petition is condoned. (POOJA SEHGAL) (SUMAN JAIN) SENIOR PERSONAL ASSISTANT BRANCH OFFICER