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DR V B GAUTAM v. STATE OF DELHI

Supreme Court of India | Diary 10032/2017

Status

ROP - of Main Case

Decided On

06-07-2018

Bench

HON'BLE MR. JUSTICE RANJAN GOGOI and HON'BLE MR. JUSTICE S. ABDUL NAZEER

Petitioner

DR V B GAUTAM

Respondent

STATE OF DELHI

Primary Holding

A writ petition seeking modification of charges in a criminal trial becomes infructuous upon conclusion of the trial and acquittal of the accused, leaving the petitioner to pursue available remedies against the order of acquittal.

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Full Judgment Text

IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL JURISDICTION WRIT PETITION (CRIMINAL) NO.(S) 95 OF 2017 DR V B GAUTAM ...PETITIONER(S) VERSUS STATE OF DELHI & ORS. ...RESPONDENT(S) ORDER 1. This writ petition under Article 32 of the Constitution of India has been filed seeking modification/amendment of the charges in a criminal trial against the respondents – accused. It is not in dispute that the trial has since been concluded and the accused - respondents have been acquitted. If that be so, this writ petition has become infructuous. It is ordered accordingly with liberty to the petitioner to avail of such remedies as may be open in law against the order of acquittal. 2. The writ petition is disposed of in the above terms. ....................,J. (RANJAN GOGOI) ...................,J. ( S. ABDUL NAZEER ) NEW DELHI JULY 06, 2018

ITEM NO.1 COURT NO.2 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). 95/2017 DR V B GAUTAM PETITIONER(S) VERSUS STATE OF DELHI & ORS. RESPONDENT(S) (FOR STAY APPLICATION ON IA 114785/2017) Date : 06-07-2018 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE RANJAN GOGOI HON'BLE MR. JUSTICE S. ABDUL NAZEER For Petitioner(s) Petitioner-in-person For Respondent(s) Mr. Aman Lekhi, ASG Mr. Harish Pandey, Adv. Mr. S.K. Tyagi, Adv. Mr. B. V. Balaram Das, AOR Ms. Shantha Devi Raman, Adv. Mr. Garvesh Kabra, AOR Mr. Arihant Jain, Adv. UPON hearing the petitioner-in-person and the counsel the Court made the following O R D E R The writ petition is disposed of in terms of the signed order. [VINOD LAKHINA] [ASHA SONI] AR-cum-PS BRANCH OFFICER [SIGNED ORDER IS PLACED ON THE FILE]

ITEM NO.55 REGISTRAR COURT. 1 SECTION X 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 Writ Petition(s)(Criminal) No(s). 95/2017 DR V B GAUTAM Petitioner(s) VERSUS STATE OF DELHI & ORS. Respondent(s) Date : 19-01-2018 This petition was called on for hearing today. For Petitioner(s) Petitioner-in-person For Respondent(s) Ms. Mamta Saxena,Adv. Mr. B.V. Balaram Das, AOR UPON hearing the counsel the Court made the following O R D E R Respondent Nos. 5 and 6 have been served, but no one has entered appearance. Despite last and final opportunity having been granted, respondent Nos. 1 to 4 have not filed the counter affidavit. Further opportunity stands declined. Registry to process the matter for listing before the Hon'ble Court, as per rules. KAPIL MEHTA Registrar 19.01.2018 vkt

ITEM NO.50 REGISTRAR COURT. 1 SECTION X 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 Writ Petition(s)(Criminal) No(s). 95/2017 DR V B GAUTAM Petitioner(s) VERSUS STATE OF DELHI & ORS. Respondent(s) Date : 16-11-2017 This petition was called on for hearing today. For Petitioner(s) Petitioner-in-person For Respondent(s) Mr. B. V. Balaram Das, AOR UPON hearing the counsel the Court made the following O R D E R Last and final opportunity is granted to respondent Nos.1 to 4 for filing counter affidavit within four weeks. The Ld. Counsel for the petitioner to take fresh steps alongwith fresh and complete address of respondent No.5 within two weeks. Notice thereafter be issued. Dasti, in addition, is allowed. Respondent No.6 has been served but no one has entered appearance. I.A. for stay be processed as per rules. List again on 19.1.2018. KAPIL MEHTA Registrar 16.11.2017 rd

ITEM NO.69 REGISTRAR COURT. 1 SECTION X 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 Writ Petition(s)(Criminal) No(s). 95/2017 DR V B GAUTAM Petitioner(s) VERSUS STATE OF DELHI & ORS. Respondent(s) Date : 11-10-2017 This petition was called on for hearing today. For Petitioner(s) Petitioner-in-person For Respondent(s) B. V. Balaram Das, AOR UPON hearing the counsel the Court made the following O R D E R Four weeks' time is granted to respondent Nos.1 to 4 for filing counter affidavit. Await service/track report in respect of respondent Nos.5 and 6. List again on 16.11.2017. RAJESH KUMAR GOEL Registrar

ITEM NO.65 REGISTRAR COURT. 1 SECTION X 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 IA 46146/2017,46147/2017, in Writ Petition(s)(Criminal) No(s). 95/2017 DR V B GAUTAM Petitioner(s) VERSUS STATE OF DELHI & ORS. Respondent(s) (FOR PERMISSION TO APPEAR AND ARGUE IN PERSON ON IA 46146/2017 FOR EXEMPTION FROM FILING O.T. ON IA 46147/2017 (TO BE LISTED ON 21.07.2017 BEING A IN-PERSON MATTER)) Date : 05-09-2017 These matters were called on for hearing today. For Petitioner(s) Petitioner-in-person For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Respondent nos. 3 and 4 have been served but no one has entered appearance on their behalf. Learned counsel for the petitioner to take fresh steps within two weeks' time for effecting service of notice upon respondent nos. 1, 2, 5 and 6. Notice thereafter be issued. List again on 11.10.2017. (RAJESH KUMAR GOEL) Registrar

ITEM NO.13 COURT NO.3 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). 95/2017 DR V B GAUTAM Petitioner(s) VERSUS STATE OF DELHI & ORS. Respondent(s) (FOR PERMISSION TO APPEAR AND ARGUE IN PERSON ON IA 46146/2017 FOR EXEMPTION FROM FILING O.T. ON IA 46147/2017 Date : 21-07-2017 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE J. CHELAMESWAR HON'BLE MR. JUSTICE S. ABDUL NAZEER For Petitioner(s) Petitioner-in-person For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Application for permission to appear and argue in person is allowed. Issue notice. (OM PARKASH SHARMA) (RAJINDER KAUR) AR CUM PS COURT MASTER

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