Home / Supreme Court / Judgments / 2012 / Diary 10025

VIDYA MISHRA v. STATE OF BIHAR .

Supreme Court of India | Diary 10025/2012

Status

ROP - of Main Case

Decided On

09-10-2015

Bench

Petitioner

VIDYA MISHRA

Respondent

STATE OF BIHAR .

Primary Holding

SKIP:model_skip

Download Judgment (PDF) Check another SC case

Full Judgment Text

ITEM NO.45 COURT NO.5 SECTION IIA 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). 2764/2012 (Arising out of impugned final judgment and order dated 22/12/2011 in CRLR No. 1972/2009 passed by the High Court of Patna) VIDYA MISHRA Petitioner(s) VERSUS STATE OF BIHAR & ANR. Respondent(s) (with office report) Date : 09/10/2015 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE DIPAK MISRA HON'BLE MR. JUSTICE PRAFULLA C. PANT For Petitioner(s) Mr. Manish Kumar Choudhary, Adv. Ms. Namita Choudhary,Adv. Ms. Pooja Kataria, Adv. For Respondent(s) Mr. Abhinav Mukerji, AOR Ms. Purnima Krishna, Adv. Mr. Gaurav Agrawal, AOR UPON hearing the counsel the Court made the following O R D E R It is informed by Mr. Agarwal, learned counsel, that two of the convicts are already expired. In view of the aforesaid, we are not inclined to interfere and accordingly the special leave petition stands dismissed. (Gulshan Kumar Arora) (H.S. Parasher) Court Master Court Master

Ò ITEM NO.45 COURT NO.5 SECTION IIA 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). 2764/2012 (Arising out of impugned final judgment and order dated 22/12/2011 in CRLR No. 1972/2009 passed by the High Court of Patna) VIDYA MISHRA Petitioner(s) VERSUS STATE OF BIHAR & ANR. Respondent(s) (with office report) Date : 09/10/2015 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE DIPAK MISRA HON'BLE MR. JUSTICE PRAFULLA C. PANT For Petitioner(s) Mr. Manish Kumar Choudhary, Adv. Ms. Namita Choudhary,Adv. Ms. Pooja Kataria, Adv. For Respondent(s) Mr. Abhinav Mukerji, AOR Ms. Purnima Krishna, Adv. Mr. Gaurav Agrawal, AOR UPON hearing the counsel the Court made the following O R D E R It is informed by Mr. Agarwal, learned counsel, that two of the convicts are already expired. In view of the aforesaid, we are not inclined to interfere and accordingly the special leave petition stands dismissed.Signature Not Verified (Gulshan Kumar Arora) (H.S. Parasher)Digitally signed byGulshan Kumar AroraDate: 2015.10.09 Court Master Court Master17:35:22 ISTReason:

ITEM NO.22 COURT NO.13 SECTION IIA 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). 2764/2012 (Arising out of impugned final judgment and order dated 22/12/2011 in CRLR No. 1972/2009 passed by the High Court of Patna) VIDYA MISHRA Petitioner(s) VERSUS STATE OF BIHAR & ORS. Respondent(s) (With office report on Default) Date : 04/08/2015 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ADARSH KUMAR GOEL [IN CHAMBERS] For Petitioner(s) Mr Yudhister Bharadwaj, Adv. Mr. Himanshu Setia, Adv. Ms. Namita Choudhary,Adv. For Respondent(s) Mr. Gaurav Agrawal,Adv. UPON hearing the counsel the Court made the following O R D E R Issue notice to respondent No.1 through standing counsel returnable within four weeks. Names of respondent Nos. 3 and 4 be deleted from the array of parties. Amended cause title be filed within two weeks. (SONALI SAUND ) (RENU DIWAN) Sr. P.A. Court Master

ITEM NO.5 REGISTRAR COURT. 2 SECTION IIA 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 M K HANJURA Petition(s) for Special Leave to Appeal (Crl.) No(s). 2764/2012 VIDYA MISHRA Petitioner(s) VERSUS STATE OF BIHAR & ORS. Respondent(s) (with office report) Date : 10/02/2015 This petition was called on for hearing today. For Petitioner(s) Ms. Namita Choudhary,Adv. For Respondent(s) Mr. Gaurav Agrawal,Adv. UPON hearing the counsel the Court made the following O R D E R T he Office Report is that although by Order dated 26.11.2014 of this Court three weeks time as last chance was given to the learned counsel for the petitioner for taking fresh steps for the service of notice to the unserved respondent No.1, yet he has not done the needful so far. Viewed in that context, the matter shall be processed for listing before the Hon'ble Judge in Chambers for further future directions. Await orders. List thereafter. (M K HANJURA) Registrar MG

h ITEM NO.5 REGISTRAR COURT. 2 SECTION IIA 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 M K HANJURA Petition(s) for Special Leave to Appeal (Crl.) No(s). 2764/2012 VIDYA MISHRA Petitioner(s) VERSUS STATE OF BIHAR & ORS. Respondent(s) (with office report) Date : 10/02/2015 This petition was called on for hearing today. For Petitioner(s) Ms. Namita Choudhary,Adv. For Respondent(s) Mr. Gaurav Agrawal,Adv. UPON hearing the counsel the Court made the following O R D E R The Office Report is that although by Order dated 26.11.2014 of this Court three weeks time as last chance was given to the learned counsel for the petitioner for taking fresh steps for the service of notice to the unserved respondent No.1, yet he has not done the needful so far. Viewed in that context, the matter shall be processed for listing before the Hon'ble Judge in Chambers for further future directions. Await orders. List thereafter.Signature Not VerifiedDigitally signed byMadhu GroverDate: 2015.02.1115:36:13 ISTReason: (M K HANJURA) Registrar MG

ITEM NO.7 REGISTRAR COURT. 2 SECTION IIA 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 M K HANJURA Petition(s) for Special Leave to Appeal (Crl.) No(s). 2764/2012 VIDYA MISHRA Petitioner(s) VERSUS STATE OF BIHAR & ORS. Respondent(s) (with office report) Date : 26/11/2014 This petition was called on for hearing today. For Petitioner(s) Mr.Aldanish Rein,adv. Ms. Namita Choudhary,Adv. For Respondent(s) Mr. Gaurav Agrawal,Adv. UPON hearing the counsel the Court made the following O R D E R Three weeks time as last chance is given to the Ld.counsel for the petitioner to take fresh steps for the service of notice by usual mode to the unserved respondent No.1. Dasti in addition is permitted to be served through the Trial Court, the particulars of which shall be furnished by the Ld.counsel for the petitioner within the period stipulated above. Ld.counsel seeks and is given three weeks time as last chance to file the death certificate of the respondent Nos. 3 & 4. List again on 10.02.2015. (M K HANJURA) Registrar SB

ô ITEM NO.7 REGISTRAR COURT. 2 SECTION IIA 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 M K HANJURA Petition(s) for Special Leave to Appeal (Crl.) No(s). 2764/2012 VIDYA MISHRA Petitioner(s) VERSUS STATE OF BIHAR & ORS. Respondent(s) (with office report) Date : 26/11/2014 This petition was called on for hearing today. For Petitioner(s) Mr.Aldanish Rein,adv. Ms. Namita Choudhary,Adv. For Respondent(s) Mr. Gaurav Agrawal,Adv. UPON hearing the counsel the Court made the following O R D E R Three weeks time as last chance is given to the Ld.counsel for the petitioner to take fresh steps for the service of notice by usual mode to the unserved respondent No.1. Dasti in addition is permitted to be served through the Trial Court, the particulars of which shall be furnished by the Ld.counsel for the petitioner within the period stipulated above. Ld.counsel seeks and is given three weeks time as last chance to file the death certificate of the respondent Nos. 3 & 4. List again on 10.02.2015.Signature Not VerifiedDigitally signed bySushma Kumari BajajDate: 2014.11.28 (M K HANJURA)11:29:05 ISTReason: Registrar SB

ITEM NO.7 REGISTRAR COURT. 2 SECTION IIA 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 M K HANJURA Petition(s) for Special Leave to Appeal (Crl.) No(s). 2764/2012 VIDYA MISHRA Petitioner(s) VERSUS STATE OF BIHAR & ORS. Respondent(s) (with office report) Date : 09/09/2014 This petition was called on for hearing today. For Petitioner(s) Mr.Yudhister Bhardwaj,adv. Ms. Namita Choudhary,Adv. For Respondent(s) Mr. Gaurav Agrawal,Adv. UPON hearing the counsel the Court made the following O R D E R What gets revealed from the perusal of the office report is that the respondent Nos. 3 & 4 have died. Ld.counsel for the petitioner shall file the death certificate of these respondents within a period of four week. He shall also take fresh steps for the service of notice to the unserved respondent No.1 within the same period. The office report further states that respondent No.2 has not filed the counter affidavit, although two opportunities have already been given to him on that count. Therefore, no further opportunity is warranted to be given to him for filing the same taking into consideration the rule position. List again on 26.11.2014. (M K HANJURA) Registrar

SB

\230 ITEM NO.7 REGISTRAR COURT. 2 SECTION IIA 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 M K HANJURA Petition(s) for Special Leave to Appeal (Crl.) No(s). 2764/2012 VIDYA MISHRA Petitioner(s) VERSUS STATE OF BIHAR & ORS. Respondent(s) (with office report) Date : 09/09/2014 This petition was called on for hearing today. For Petitioner(s) Mr.Yudhister Bhardwaj,adv. Ms. Namita Choudhary,Adv. For Respondent(s) Mr. Gaurav Agrawal,Adv. UPON hearing the counsel the Court made the following O R D E R What gets revealed from the perusal of the office report is that the respondent Nos. 3 & 4 have died. Ld.counsel for the petitioner shall file the death certificate of these respondents within a period of four week. He shall also take fresh steps for the service of notice to the unserved respondent No.1 within the same period. The office report further states that respondent No.2 has not filed the counter affidavit, although two opportunities have already been given to him on that count. Therefore, no further opportunity is warranted to be given to him for filing the same taking into consideration the rule position.Signature Not VerifiedDigitally signed bySushma Kumari BajajDate: 2014.09.1116:27:10 IST List again on 26.11.2014.Reason: (M K HANJURA) RegistrarSB

¨ITEM NO.32 REGISTRAR COURT.1 SECTION IIA 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 M.K.HANJURAPetition(s) for Special Leave to Appeal (Crl) No(s).2764/2012VIDYA MISHRA Petitioner(s) VERSUSSTATE OF BIHAR & ORS. Respondent(s)(With office report )Date: 03/12/2013 This Petition was called on for hearing today.For Petitioner(s) Ms. Namita Choudhary,Adv.For Respondent(s) Mr.Gaurav Agrawal,Adv. UPON hearing counsel the Court made the following O R D E R None appears. Although by order dated 26.09.2013 last opportunity for taking fresh steps for the service of the unserved respondent was given to the Ld.counsel for the petitioner yet he has not done the needful so far. Therefore, the matter shall be listed before the Hon'ble Judge in Chamber for further future directions.| | |(M.K.HANJURA) || | |Registrar |SB

ÐITEM NO.43 REGISTRAR COURT.2 SECTION IIA 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 SUNIL THOMASPetition(s) for Special Leave to Appeal (Crl) No(s).2764/2012VIDYA MISHRA Petitioner(s) VERSUSSTATE OF BIHAR & ORS. Respondent(s)(With office report )Date: 26/09/2013 This Petition was called on for hearing today.For Petitioner(s) Ms. Namita Choudhary,Adv.For Respondent(s) Mr.Gaurav Agrawal,Adv. UPON hearing counsel the Court made the following O R D E R Learned counsel for the petitioner is granted time, as lastchance for taking fresh steps against Respondent Nos.1, 3 and 4. List the matter on 3.12.2013.| | |(SUNIL THOMAS) ||mg | |Registrar |

ZITEM NO.31 REGISTRAR COURT.2 SECTION IIA 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 SUNIL THOMASPetition(s) for Special Leave to Appeal (Crl) No(s).2764/2012VIDYA MISHRA Petitioner(s) VERSUSSTATE OF BIHAR & ORS. Respondent(s)(With office report )Date: 05/08/2013 This Petition was called on for hearing today.For Petitioner(s) Mr. M.K. Choudhary,Adv. Ms. Namita Choudhary,Adv.For Respondent(s) Mr.Gaurav Agrawal,Adv. UPON hearing counsel the Court made the following O R D E R Learned counsel for the petitioner is directed to take fresh steps against unserved Respondent Nos. 1, 3 and 4. List the matter on 26.9.2013.| | |(SUNIL THOMAS) ||mg | |Registrar |

pITEM NO.29 REGISTRAR COURT.2 SECTION IIA 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 SUNIL THOMASPetition(s) for Special Leave to Appeal (Crl) No(s).2764/2012VIDYA MISHRA Petitioner(s) VERSUSSTATE OF BIHAR & ORS. Respondent(s)(With office report )Date: 07/05/2013 This Petition was called on for hearing today.For Petitioner(s) Ms. Namita Choudhary,Adv.For Respondent(s) Mr.Gaurav Agrawal,Adv. UPON hearing counsel the Court made the following O R D E R Await return of notice of respondent No. 1, 3 and 4. List the matter on 5.8.2013.| | |(SUNIL THOMAS) ||s | |Registrar |

\232ITEM NO.44 REGISTRAR COURT.2 SECTION IIA 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 SUNIL THOMASPetition(s) for Special Leave to Appeal (Crl) No(s).2764/2012VIDYA MISHRA Petitioner(s) VERSUSSTATE OF BIHAR & ORS. Respondent(s)(With office report )Date: 18/03/2013 This Petition was called on for hearing today.For Petitioner(s) Ms. Namita Choudhary,Adv. Mr. Yudhister Bhardwaj,Adv.For Respondent(s) Mr.Gaurav Agrawal,Adv. UPON hearing counsel the Court made the following O R D E R Respondent No. 2 granted four weeks time as a last chance for filing counter affidavit. Await return of notice of respondent No. 1, 3 and 4. List the matter on 7.5.2013.| | |(SUNIL THOMAS) ||s | |Registrar |

LITEM NO.41 REGISTRAR COURT.2 SECTION IIA 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 SUNIL THOMASPetition(s) for Special Leave to Appeal (Crl) No(s).2764/2012VIDYA MISHRA Petitioner(s) VERSUSSTATE OF BIHAR & ORS. Respondent(s)(With office report )Date: 01/02/2013 This Petition was called on for hearing today.For Petitioner(s) Mr.Aldanish Rein,adv. Ms. Namita Choudhary,Adv.For Respondent(s) Mr.Gaurav Agrawal,Adv. UPON hearing counsel the Court made the following O R D E R Respondent No.2 is granted four more weeks time as a last chance. Await return of notice of respondent Nos. 1,3 and 4. List the matter on 18.03.2013.| | |(Sunil Thomas) || | |Registrar |SB

fITEM NO.34 REGISTRAR COURT.2 SECTION IIA 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 SUNIL THOMASPetition(s) for Special Leave to Appeal (Crl) No(s).2764/2012VIDYA MISHRA Petitioner(s) VERSUSSTATE OF BIHAR & ORS. Respondent(s)(With office report )Date: 06/12/2012 This Petition was called on for hearing today.For Petitioner(s) Ms. Namita Choudhary,Adv.For Respondent(s) Mr.Gaurav Agrawal,Adv. UPON hearing counsel the Court made the following O R D E R Respondent No.2 is granted four weeks time as a last chance for filing counter affidavit. Await return of notice of the remaining unserved respondents. List the matter on 1.02.2013.| | |(Sunil Thomas) || | |Registrar |SB

ðITEM NO.39 REGISTRAR COURT.2 SECTION IIA 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 SUNIL THOMASPetition(s) for Special Leave to Appeal (Crl) No(s).2764/2012VIDYA MISHRA Petitioner(s) VERSUSSTATE OF BIHAR & ORS. Respondent(s)(With office report )Date: 10/10/2012 This Petition was called on for hearing today.For Petitioner(s) Mr. M.K. Choudhary,Adv. Mr. Yudhister Bhardwaj,Adv. Ms. Namita Choudhary,Adv.For Respondent(s) Mr.Gaurav Agrawal,Adv. UPON hearing counsel the Court made the following O R D E R Respondent No. 2 granted four weeks time as a last chance for filing counter affidavit. Await return of notice of respondent No. 1, 3 and 4. List the matter on 6.12.2012.| | |(SUNIL THOMAS) ||s | |Registrar |

fITEM NO.47 REGISTRAR COURT.2 SECTION IIA 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 SUNIL THOMASPetition(s) for Special Leave to Appeal (Crl) No(s).2764/2012VIDYA MISHRA Petitioner(s) VERSUSSTATE OF BIHAR & ORS. Respondent(s)(With office report )Date: 30/08/2012 This Petition was called on for hearing today.For Petitioner(s) Mr. M.K. Choudhary,Adv. Ms. Namita Choudhary,Adv.For Respondent(s) Mr.Gaurav Agrawal,Adv. UPON hearing counsel the Court made the following O R D E R Respondent No. 2 granted four weeks time for filing counter affidavit. Await return of notice of respondent No. 1,3 and 4. List the matter on 10.10.2012.| | |(SUNIL THOMAS) ||s | |Registrar |

XITEM NO.121 REGISTRAR COURT.2 SECTION IIA 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 SUNIL THOMASPetition(s) for Special Leave to Appeal (Crl) No(s).2764/2012VIDYA MISHRA Petitioner(s) VERSUSSTATE OF BIHAR & ORS. Respondent(s)(With office report )Date: 13/07/2012 This Petition was called on for hearing today.For Petitioner(s) Ms. Namita Choudhary,Adv.For Respondent(s) Mr.Gaurav Agrawal,Adv. UPON hearing counsel the Court made the following O R D E RRespondent No. 2 has been served. Vakalatnama has been filed. Grantedfour weeks time for filing counter affidavit.Await return of notice of respondent No. 1, 3 and 4.List the matter on 30.8.2012.| | |(SUNIL THOMAS) ||s | |Registrar |

\230ITEM NO.15 COURT NO.12 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(s).2764/2012(From the judgment and order dated 22/12/2011 in CRLR No.1972/2009,of The HIGH COURT OF PATNA)VIDYA MISHRA Petitioner(s) VERSUSSTATE OF BIHAR & ORS. Respondent(s)(With office report)Date: 23/04/2012 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE K.S. RADHAKRISHNAN HON'BLE MR. JUSTICE DIPAK MISRAFor Petitioner(s) Mr. M.K. Choudhary, Adv. for Ms. Namita Choudhary, Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Issue notice. (NARENDRA PRASAD) (RENUKA SADANA) COURT MASTER COURT MASTER

Search This Case

Supreme Court Resources

High Court Case Status

Check case status for High Courts across India