IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO(S). OF 2023 (ARISING OUT OF S.L.P. (CRIMINAL) NO(S).4807/2023) SANTOSH PRASAD YADAV @ SANTOSH YADAV APPELLANT(S) VERSUS STATE OF BIHAR & ANR. RESPONDENT(S) O R D E R Leave granted. Though notice has been served to the second respondent, none appears for her. The appellant has deposited a sum of Rs.2,00,000/- (Rupees Two Lakhs) in terms of the earlier order of this Court. The learned counsel appearing for the first respondent states that now charge-sheet has been filed. In these circumstances, the interim order dated 13 th April, 2023, is confirmed with modification that the appellant shall remain present before the Trial Court regularly and punctually and shall cooperate with the Trial Court for early disposal of the case. The Appeal is, accordingly, allowed. ..........................J. (ABHAY S.OKA) ..........................J. (PANKAJ MITHAL) NEW DELHI; November 06, 2023. S.L.P. (CRIMINAL) NO(S).4807/2023 1
ITEM NO.2 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). 4807/2023 (Arising out of impugned final judgment and order dated 12-10-2022 in CRM No. 15531/2022 passed by the High Court of Judicature at Patna) SANTOSH PRASAD YADAV @ SANTOSH YADAV Petitioner(s) VERSUS STATE OF BIHAR & ANR. Respondent(s) Date : 06-11-2023 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ABHAY S. OKA HON'BLE MR. JUSTICE PANKAJ MITHAL For Petitioner(s) Mr. Pramit Saxena, AOR Mr. Kedar Yadav, Adv. Mr. Rahul Yadav, Adv. Mr. Sharun Daniel, Adv. For Respondent(s) Mr. Azmat Hayat Amanullah, AOR Mr. T. G. Shahi, Adv. UPON hearing the counsel the Court made the following O R D E R Leave granted. The Appeal is allowed in terms of the signed order. The operative portion of the order reads thus: “In these circumstances, the interim order dated 13 th April, 2023, is confirmed with modification that the appellant shall remain present before the Trial Court regularly and punctually and shall cooperate with the Trial Court for early disposal of the case. The Appeal is, accordingly, allowed.” Pending application, if any, shall stand disposed of accordingly. (ASHISH KONDLE) (AVGV RAMU) COURT MASTER (SH) COURT MASTER (NSH) S.L.P. (CRIMINAL) NO(S).4807/2023 2
[THE SIGNED ORDER IS PLACED ON THE FILE] S.L.P. (CRIMINAL) NO(S).4807/2023 3
ITEM NO.69 COURT NO.11 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). 4807/2023 (Arising out of impugned final judgment and order dated 12-10-2022 in CRM No. 15531/2022 passed by the High Court of Judicature at Patna) SANTOSH PRASAD YADAV @ SANTOSH YADAV Petitioner(s) VERSUS STATE OF BIHAR & ANR. Respondent(s) Date : 09-10-2023 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ABHAY S. OKA HON'BLE MR. JUSTICE PANKAJ MITHAL For Petitioner(s) Mr. Pramit Saxena, AOR Mr. Keadr Yadav, Adv. Mr. Rahul Yadav, Adv. For Respondent(s) Mr. Tirupati Gaurav Shahi, Adv. Mr. Azmat Hayat Amanullah, AOR UPON hearing the counsel the Court made the following O R D E R On the request made by the learned counsel appearing for respondent no.1, list the matter on 6 th November, 2023. In the meanwhile, the interim order passed on 13 th April, 2023 to continue (ASHISH KONDLE) (AVGV RAMU) COURT MASTER (SH) COURT MASTER (NSH)
1 ITEM NO.5 COURT NO.15 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). 4807/2023 (Arising out of impugned final judgment and order dated 12-10-2022 in CRM No. 15531/2022 passed by the High Court Of Judicature At Patna) SANTOSH PRASAD YADAV @ SANTOSH YADAV Petitioner(s) VERSUS STATE OF BIHAR & ANR. Respondent(s) Date : 18-05-2023 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ABHAY S. OKA HON'BLE MR. JUSTICE RAJESH BINDAL For Petitioner(s) Mr. Pramit Saxena, AOR Mr. Kedar Yadav, Adv. Mr. Rahul Yadav, Adv. Mr. Sharun Daniel, Adv. For Respondent(s) Mr. Azmat Hayat Amanullah, AOR UPON hearing the counsel the Court made the following O R D E R Notwithstanding the time granted on 05.05.2023, the petitioner has not made the payment of Rs.2 lakhs which was supposed to make on or before 12.05.2023. By way of last opportunity, we extend the time granted to the petitioner to deposit the said amount in the Family Court, District Muzaffarpur. It will be open for the petitioner to deposit the said amount either by way of demand draft or by
2 transferring the said amount in the bank account of the 2 nd respondent and to file the proof of payment to this Court within a period of one month from today. Failing which, the SLP shall stand dismissed without further reference to the Court for non-prosecution. Only if compliance is made, list the matter on 21.07.2023. Needless to add that the second respondent will be entitled to withdraw the said amount. (INDU MARWAH) (AVGV RAMU) COURT MASTER (SH) COURT MASTER (NSH)
ITEM NO.6 COURT NO.15 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). 4807/2023 (Arising out of impugned final judgment and order dated 12-10-2022 in CRM No. 15531/2022 passed by the High Court Of Judicature At Patna) SANTOSH PRASAD YADAV @ SANTOSH YADAV Petitioner(s) VERSUS STATE OF BIHAR & ANR. Respondent(s) Date : 15-05-2023 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ABHAY S. OKA HON'BLE MR. JUSTICE RAJESH BINDAL For Petitioner(s) Mr. Pramit Saxena, AOR Mr. Kedar Yadav, Adv. Mr. Rahul Yadav, Adv. Mr. Sharun Daniel, Adv. For Respondent(s) Mr. Azmat Hayat Amanullah, AOR Mr. Hardik Choudhary, Adv. UPON hearing the counsel the Court made the following O R D E R The petitioner has not complied with his voluntary statement recorded in the order dated 13.04.2023. Only by way of indulgence, with a view to give last opportunity to the petitioner to make amends, list on 18.05.2023. (INDU MARWAH) (AVGV RAMU) COURT MASTER (SH) COURT MASTER (NSH)
ITEM NO.10 COURT NO.16 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 SPECIAL LEAVE PETITION (CRIMINAL) Diary No(s). 10030/2023 (Arising out of impugned final judgment and order dated 12-10-2022 in CRM No. 15531/2022 passed by the High Court of Judicature at Patna) SANTOSH PRASAD YADAV @ SANTOSH YADAV Petitioner(s) VERSUS STATE OF BIHAR & ANR. Respondent(s) (IA No.69544/2023-CONDONATION OF DELAY IN FILING and IA No.69547/2023-EXEMPTION FROM FILING O.T.) Date : 13-04-2023 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ABHAY S. OKA HON'BLE MR. JUSTICE RAJESH BINDAL For Petitioner(s) Mr. Kedar Yadav, Adv. Mr. Pramit Saxena, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Application for exemption from filing official translation is allowed. Delay condoned. The learned counsel appearing for the petitioner states that the petitioner will deposit a sum of Rs.2,00,000/- (Rupees two lakhs) towards the arrears of maintenance with the Court which passed the order of maintenance in favour of the second respondent within a period of one month from today. 1
Issue notice returnable on 15th May, 2023. In the meanwhile, the petitioner shall not be arrested in connection with the FIR No.126/2016 registered at Mahila Police Station, Bihar, subject to the condition that he shall cooperate for investigation. Liberty is granted to serve the standing counsel for respondent No.1-State, in addition. (ANITA MALHOTRA) (AVGV RAMU) AR-CUM-PS COURT MASTER 2