1 IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No of 2024 ( Arising out of SLP(Criminal) No. 1509/2024 ) KANCHAN DEVI Appellant(s) VERSUS THE STATE OF BIHAR Respondent(s) O R D E R 1. Leave granted. 2. Heard the learned counsel for the appellant as also the learned counsel for the respondent-State and perused the appeal papers. 3. This Court, while directing notice to the respondent-State on 29.01.2024, had also ordered that no coercive steps shall be taken against the appellant herein. 4. The respondent-State on appearance, have filed their reply to the petition. From the same, it is noted that the investigation has been carried forward and the appellant has participated in the investigation. Therefore, as such, at this stage, we see no reason to modify the order passed on 29.01.2024. 5. Hence, the interim protection against arrest granted by this Court on 29.01.2024 is made absolute, which shall enure to the benefit of the appellant herein till completion of the process, subject to the appellant diligently participating in the further process.
2 6. The appeal is accordingly, disposed of along with the pending application(s), if any. ...................J. (A.S. BOPANNA) ...................J. (SUDHANSHU DHULIA) New Delhi 02 nd April , 2024
3 ITEM NO.3 COURT NO.6 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). 1509/2024 (Arising out of impugned final judgment and order dated 18-08-2023 in CRLM No. 51133/2023 passed by the High Court Of Judicature At Patna) KANCHAN DEVI Petitioner(s) VERSUS THE STATE OF BIHAR Respondent(s) (IA No. 19132/2024 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT AND IA No. 19131/2024 - EXEMPTION FROM FILING O.T.) Date : 02-04-2024 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE A.S. BOPANNA HON'BLE MR. JUSTICE SUDHANSHU DHULIA For Petitioner(s) Mr. Mojahid Karim Khan, Adv. Mr. Vishal Vikram Rana, Adv. Mr. Ujjwal Singh , AOR For Respondent(s) Mr. Rishi K Awasthi, Adv. Mr. Piyush Vatsa, Adv. Ms. Ritu Arora, Adv. Mr. Amit Vikram Awasthi, Adv. Ms. Yukti Anand, Adv. Mr. Rahul Mishra, Adv. Mr. Avinash Ankit, Adv. Mr. Rahul Kumar Gupta, Adv. Mr. Shubham Saxena, Adv. Mr. Manoj Kumar, Adv. Mr. Punit Vinay, AOR Mr. Kapil Kant, Adv. UPON hearing the counsel the Court made the following O R D E R Leave granted. The operative part of the order reads as hereunder; “ Hence, the interim protection against arrest granted by this Court on 29.01.2024 is made
4 absolute, which shall enure to the benefit of the appellant herein till completion of the process, subject to the appellant diligently participating in the further process. The appeal is accordingly, disposed of in terms of signed order along with the pending application(s), if any. (NISHA KHULBEY) (DIPTI KHURANA) SENIOR PERSONAL ASSISTANT ASSISTANT REGISTRAR (signed order is placed on the file)
1 ITEM NO.1 COURT NO.17 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.1509/2024 (Arising out of impugned final judgment and order dated 18-08-2023 in CRLM No. 51133/2023 passed by the High Court Of Judicature At Patna) KANCHAN DEVI Petitioner(s) VERSUS THE STATE OF BIHAR Respondent(s) (IA No. 19132/2024 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT, IA No. 19131/2024 - EXEMPTION FROM FILING O.T.) Date : 11-03-2024 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE SUDHANSHU DHULIA HON'BLE MR. JUSTICE PRASANNA BHALACHANDRA VARALE For Petitioner(s) Mr. Mojahid Karim Khan, Adv. Mr. Vishal Vikram Rana, Adv. Mr. Ujjwal Singh, AOR For Respondent(s) Mr. Rishi K Awasthi, Adv. Mr. Piyush Vatsa, Adv. Ms. Ritu Arora, Adv. Mr. Amit Vikram Awasthi, Adv. Ms. Yukti Anand, Adv. Mr. Rahul Mishra, Adv. Mr. Avinash Ankit, Adv. Mr. Rahul Kumar Gupta, Adv. Mr. Shubham Saxena, Adv. Mr. Manoj Kumar, Adv. Mr. Punit Vinay, AOR Mr. Kapil Kant, Adv. UPON hearing the counsel the Court made the following O R D E R A statement has been given at the Bar by learned counsel appearing for the State that the petitioner is not cooperating with the investigation.
2 The learned counsel appearing for the State shall give precise details of the dates when the petitioner was called for investigation and he did not respond. It is made clear that if it is found that the petitioner is not cooperating with the investigation, the interim order dated 29.01.2024 shall stand vacated. List the matter on 02.04.2024. (KAVITA PAHUJA) (RENU BALA GAMBHIR) COURT MASTER (SH) COURT MASTER (NSH)
ITEM NO.7 COURT NO.17 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). 1509/2024 (Arising out of impugned final judgment and order dated 18-08-2023 in CRLM No. 51133/2023 passed by the High Court Of Judicature At Patna) KANCHAN DEVI Petitioner(s) VERSUS THE STATE OF BIHAR Respondent(s) (IA No. 19132/2024 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT, IA No. 19131/2024 - EXEMPTION FROM FILING O.T.) Date : 21-02-2024 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE SUDHANSHU DHULIA HON'BLE MR. JUSTICE PRASANNA BHALACHANDRA VARALE For Petitioner(s) Mr. Mojahid Karim Khan, Adv. Mr. Vishal Vikram Rana, Adv. Mr. Vinay Kumar, Adv. Ms. Misha Bharti, Adv. Mr. Ujjwal Singh, AOR For Respondent(s) Mr. Rishi K Awasthi, Adv. Mr. Piyush Vatsa, Adv. Mr. Rahul Kumar Gupta, Adv. Mr. Punit Vinay, AOR UPON hearing the counsel the Court made the following O R D E R Learned counsel for the respondent seeks time to file counter affidavit. As prayed for, list on 11.03.2024. In the meantime, interim order to continue. (KAVITA PAHUJA) (RENU BALA GAMBHIR) COURT MASTER (SH) COURT MASTER (NSH)
ITEM NO.4 COURT NO.17 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). 1007/2024 (Arising out of impugned final judgment and order dated 18-08-2023 in CRLM No. 51133/2023 passed by the High Court Of Judicature At Patna) KANCHAN DEVI Petitioner(s) VERSUS THE STATE OF BIHAR Respondent(s) (IA No.19130/2024-CONDONATION OF DELAY IN FILING and IA No.19132/2024-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.19131/2024-EXEMPTION FROM FILING O.T. ) Date : 29-01-2024 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE SUDHANSHU DHULIA HON'BLE MR. JUSTICE PRASANNA BHALACHANDRA VARALE For Petitioner(s) Mr. Mojahid Karim Khan, Adv. Mr. Vishal Vikram Rana, Adv. Mr. Vinay Kumar, Adv. Ms. Misha Bharti, Adv. Mr. Ujjwal Singh , AOR For Respondent(s) Mr. Rishi K. Awasthi, Adv. Mr. Piyush Vatsa, Adv. Ms. Ritu Arora, Adv. Mr. Amit Vikram Awasthi, Adv. Ms. Yukti Anand, Adv. Mr. Usman Khan, Adv. Mr. Avinash Ankit, Adv. Mr. Rahul K. Gupta, Adv. Mr. Shubham Saxena, Adv. Mr. Punit Vinay, AOR UPON hearing the counsel the Court made the following O R D E R Delay condoned. Issue notice, returnable in three weeks. In the meantime, no coercive steps shall be taken against the petitioner. (NEETA SAPRA) (RENU BALA GAMBHIR) COURT MASTER (SH) COURT MASTER (NSH)