SECTION-II IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION PETITION FOR SPECIAL LEAVE TO APPEAL (CRL) NO. 3150 OF 2011 WITH CRIMINAL MISCELLANEOUS PETITION NOS. 8614 OF 2011 & 23351 OF 2012 (Applications for stay & exemption from filing official translation) Pradeep Kumar Dixit ... Petitioner(s) VERSUS State of Uttar Pradesh ... Respondent(s) OFFICE REPORT The matter above mentioned was listed before the Hon'ble Court on 19 th October, 2012 when the Court was pleased to pass the following order: “ As prayed by Mr. Ardhendumauli Kumar Prasad, counsel appearing for the State of U.P., put up after two weeks. ” It is submitted that Mr. Adarsh Upadhyay , Advocate has on 31 st January, 2013 filed memo of appearance on behalf of sole Respondent/State in place of erstwhile Advocate Mr. Ardhendumauli Kumar Prasad. Service of Show Cause Notice is complete. The matter is listed before the Hon'ble Court with this office report. DATED this the 24th day of July, 2013. ASSISTANT REGISTRAR COPY TO: 1. Mr. P. K. Jain, Advocate 2. Mr. Adarsh Upadhyay , Advocate
c-4/dk ASSISTANT REGISTRAR
¤ IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1041 OF 2013 (arising out of S.L.P. (Criminal) No. 3150 of 2011) PRADEEP KUMAR DIXIT Appellant(s) VERSUS STATE OF U.P. Respondent(s) O R D E R Leave granted. 2. It is not necessary to narrate the facts. Suffice it to say that Shiv Ram, Vijay Singh and Mohar Singh - the three accused - were tried for offence under Section 216A of the Indian Penal Code. On the basis of the evidence that had come on record in the course of trial of the above three accused, the trial court summoned the appellant under Section 319 of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C.') for being tried with the above three accused. The fact of the matter is that on conclusion of the evidence and trial, the three accused have already been acquitted. In these circumstances, when the appellant approached the High Court for quashing the summons issued to him under Section 319 Cr.P.C., the summons deserved to be quashed. However, the High Court failed to exercise the jurisdiction vested in it and in a very slip-shod manner dismissed the appellant's application under Section 482 Cr.P.C. The present appeal, by special leave, arises from that order. 3. We are satisfied that for what we have noted above, the present appellant can not be tried pursuant to the summons issued to him under Section 319 Cr.P.C. 4. Appeal is, accordingly, allowed. The impugned order is set aside. The summons issued to the appellant under Section 319 Cr.P.C. shall be treated as quashed. .........................J. ( R.M. LODHA ) NEW DELHI; .........................J. JULY 26, 2013 ( MADAN B. LOKUR )ITEM NO.38 COURT NO.3 SECTION II 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).3150/2011
(From the judgement and order dated 25/11/2010 in AN No.34360/2010 of TheHIGH COURT OF JUDICATURE AT ALLAHABAD)PRADEEP KUMAR DIXIT Petitioner(s) VERSUSSTATE OF U.P. Respondent(s)(With appln(s) for exemption from filing O.T. and stay and office report )Date: 26/07/2013 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE R.M. LODHA HON'BLE MR. JUSTICE MADAN B. LOKURFor Petitioner(s) Mr. P.K. Jain,Adv. Mr. Saurabh Jain, Adv. Mr. P.K. Goswami, Adv. Mr. S.P. Singh, Adv.For Respondent(s) Mr. Adarsh Upadhyay,Adv. Mr. Siddharth Sengar, Adv. UPON hearing counsel the Court made the following O R D E R Leave granted. Appeal is allowed, the impugned order is set aside and the summons issued to the appellant under Section 319 Cr.P.C. shall be treated as quashed in terms of the signed order.|(Rajesh Dham) | |(Renu Diwan) ||Court Master | |Court Master | (signed order is placed on the file)
*ITEM NO.39 COURT NO.5 SECTION II 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).3150/2011(From the judgement and order dated 25/11/2010 in AN No.34360/2010 of TheHIGH COURT OF JUDICATURE AT ALLAHABAD)PRADEEP KUMAR DIXIT Petitioner(s) VERSUSSTATE OF U.P. Respondent(s)(With appln(s)for exemption from filing O.T.,stay and office report)Date: 19/10/2012 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE AFTAB ALAM HON'BLE MRS. JUSTICE RANJANA PRAKASH DESAIFor Petitioner(s) Mr. P.K. Jain,Adv.For Respondent(s) Mr. Ardhendumauli Kumar Prasad,Adv. Ms. Bharti Tyagi, Adv. Mr. R.K.S. Yadav, Adv. UPON hearing counsel the Court made the following O R D E R As prayed by Mr. Ardhendumauli Kumar Prasad, counsel appearing for the State of U.P., put up after two weeks. |(Neetu Khajuria) |(Sneh Bala Mehra) ||Sr.P.A. |Court Master |
êITEM NO.41 COURT NO.6 SECTION II 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).3150/2011(From the judgement and order dated 25/11/2010 in AN No.34360/2010, of TheHIGH COURT OF JUDICATURE AT ALLAHABAD)PRADEEP KUMAR DIXIT Petitioner(s) VERSUSSTATE OF U.P. Respondent(s)(With appln(s) for exemption from filing O.T.,stay and officereport )Date: 07/09/2012 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE AFTAB ALAM HON'BLE MRS. JUSTICE RANJANA PRAKASH DESAIFor Petitioner(s) Mr. P.K. Jain,Adv.For Respondent(s) Mr. R.K.S.Yadav,Adv. Mr. Ardhendumauli Kumar Prasad,Adv. UPON hearing counsel the Court made the following O R D E R Counsel for the respondent has circulated a letter praying for adjournment on the ground of filing a counter affidavit. Adjourned for six weeks. [SUMAN WADHWA] [SNEH BALA MEHRA] COURT MASTER COURT MASTER
|ITEM NO.35 COURT NO.5 SECTION II 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).3150/2011(From the judgement and order dated 25/11/2010 in AN No.34360/2010 ofthe HIGH COURT OF JUDICATURE AT ALLAHABAD)PRADEEP KUMAR DIXIT Petitioner(s) VERSUSSTATE OF U.P. Respondent(s)(With appln(s) for exemption from filing O.T., stay and office report)Date: 16/08/2012 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE AFTAB ALAM HON'BLE MRS. JUSTICE RANJANA PRAKASH DESAIFor Petitioner(s) Mr. P.K. Jain, Adv.For Respondent(s) Ms. Pragati Neekhra, Adv. (NP) UPON hearing counsel the Court made the following O R D E R Counsel for the petitioner is present. No one appears for the State of Uttar Pradesh. Put up after two weeks. |(Neetu Khajuria) | |(Sharda Kapoor) ||Sr.P.A. | |Court Master |
ÒITEM NO.47 COURT NO.9 SECTION II 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).3150/2011(From the judgement and order dated 25/11/2010 in AN No.34360/2010of The HIGH COURT OF JUDICATURE AT ALLAHABAD)PRADEEP KUMAR DIXIT Petitioner(s) VERSUSSTATE OF U.P.& ANR Respondent(s)(OFFICE REPORT ON DEFAULT)Date: 27/01/2012 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE R.M. LODHA [IN CHAMBERS]For Petitioner(s) Mr. P.K. Jain,Adv. Mr. Saurabh Jain, Adv. Mr. P.K. Goswami, Adv.For Respondent(s) Mr. Suraj Singh, Adv. Ms. Sunita Gautam, Adv. Mr. Pradeep Misra,Adv . UPON hearing counsel the Court made the following O R D E R At the oral request of learned counsel for the petitioner, name of respondent No.2 is deleted from the array of parties. Amended cause title shall be filed within two weeks from today. (Pardeep Kumar) (Renu Diwan) Court Master Court Master
"ITEM NO.35 REGISTRAR COURT.1 SECTION II 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 S.G. SHAHPetition(s) for Special Leave to Appeal (Crl) No(s).3150/2011PRADEEP KUMAR DIXIT Petitioner(s) VERSUSSTATE OF U.P.& ANR Respondent(s)(With appln(s) for exemption from filing O.T.,stay)Date: 14/10/2011 This Petition was called on for hearing today.For Petitioner(s) Mr. P.K. Jain,Adv.For Respondent(s) Mr. Suraj Singh, Adv. Mr. Pradeep Misra,Adv. UPON hearing counsel the Court made the following O R D E R As last chance, petitioner has to disclose theoutcome of dasti service upon unserved respondent No.2 before25.11.2011. If it is not done within the time provided above,list before the Hon'ble Judge in Chambers for non-prosecution. Remaining respondents may file counter affidavitbefore the next date. List again on 25.11.2011. (S.G. SHAH) REGISTRARrd
"ITEM NO.83 REGISTRAR COURT NO.1 SECTION II 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 H.B. PRABHAKARA SASTRYPetition(s) for Special Leave to Appeal (Crl) No(s).3150/2011PRADEEP KUMAR DIXIT Petitioner(s) VERSUSSTATE OF U.P.& ANR Respondent(s)(With appln(s) for exemption from filing O.T.,stay)Date: 24/08/2011 This Petition was called on for hearing today.For Petitioner(s) Mr. P.K. Jain,Adv.For Respondent(s) Mr. Suraj Singh, Adv. Mr. Pradeep Misra,Adv. UPON hearing counsel the Court made the following O R D E R Learned counsel for the petitioner and learnedcounsel for respondent No.1 are present. Learned counsel for respondent No.1 is granted fourweeks' time to file counter affidavit. Await for the return of service in respect ofrespondent No.2. List again on 14.10.2011. (H.B. PRABHAKARA SASTRY) REGISTRARrd"ITEM NO.83 REGISTRAR COURT NO.1 SECTION II 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 H.B. PRABHAKARA SASTRYPetition(s) for Special Leave to Appeal (Crl) No(s).3150/2011PRADEEP KUMAR DIXIT Petitioner(s) VERSUSSTATE OF U.P.& ANR Respondent(s)(With appln(s) for exemption from filing O.T.,stay)Date: 24/08/2011 This Petition was called on for hearing today.For Petitioner(s) Mr. P.K. Jain,Adv.
For Respondent(s) Mr. Suraj Singh, Adv. Mr. Pradeep Misra,Adv. UPON hearing counsel the Court made the following O R D E R Learned counsel for the petitioner and learnedcounsel for respondent No.1 are present. Learned counsel for respondent No.1 is granted fourweeks' time to file counter affidavit. Await for the return of service in respect ofrespondent No.2. List again on 14.10.2011. (H.B. PRABHAKARA SASTRY) REGISTRARrd
ITEM NO.91 REGISTRAR COURT.1 SECTION II 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 S.G. SHAHPetition(s) for Special Leave to Appeal (Crl) No(s).3150/2011PRADEEP KUMAR DIXIT Petitioner(s) VERSUSSTATE OF U.P.& ANR Respondent(s)(With appln(s) for exemption from filing O.T.,stay)Date: 11/07/2011 This Petition was called on for hearing today.For Petitioner(s) Mr. P.K. Jain,Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Nobody is present for the petitioner. Issue fresh notice. Dasti service is allowed on unserved respondents. It is permitted to be served through the nearest CivilCourt/Trial Court. Spare copies to be filed before 18.7.2011. If not filed, list before the Hon'ble Judge in Chambersfor non-prosecution against unserved respondent. If filed, issue notice as per above order. Served respondent may file counter affidavit. List again on 24.8.2011. (S.G.SHAH) Registrarhj
` REVISEDITEM NO.23 COURT NO.12 SECTION II 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)... 2011 CRLMP.NO(s). 6945(From the judgement and order dated 25/11/2010 in AN No. 34360/2010of the HIGH COURT OF JUDICATURE AT ALLAHABAD)PRADEEP KUMAR DIXIT Petitioner(s) VERSUSSTATE OF U.P.& ANR Respondent(s)(With appln(s) for c/delay in filing SLP)Date: 11/04/2011 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE AFTAB ALAM HON'BLE MR. JUSTICE R.M. LODHAFor Petitioner(s) Mr. P.K. Jain, Adv. Mr. P.K. Goswami, Adv. Mr. Mukesh Kr. Jain, Adv. Mr. S.D. Sharma, Adv. Mr. Jagannath Jha, Adv. Mr. Praveen Kr. Mutreja, Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Delay condoned. Issue notice. Till further orders, the operation of the orders dated 01.04.2004 and 05.06.2010 passed by the Special Judge, DAA, Etawah in SST Nos. 63/2002 and 107/2002, as also further proceedings in SST Nos. 63/2002 and 107/2002 shall remain stayed. (N.S.K. Kamesh) (S.S.R. Krishna) Court Master Court Master