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VIJAY KUMAR GUPTA v. THE STATE OF UTTARAKHAND

Supreme Court of India | Diary 1012/2020

Status

ROP - of Main Case

Decided On

12-11-2024

Bench

HON'BLE MS. JUSTICE BELA M. TRIVEDI and HON'BLE MR. JUSTICE SATISH CHANDRA SHARMA

Petitioner

VIJAY KUMAR GUPTA

Respondent

THE STATE OF UTTARAKHAND

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Full Judgment Text

ITEM NO.15 COURT NO.12 SECTION II-B 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).434/2020 [Arising out of impugned final judgment and order dated 18-12-2019 in CRLMA No.1087/2016 passed by the High Court of Uttarakhand at Nainital] VIJAY KUMAR GUPTA Petitioner(s) VERSUS THE STATE OF UTTARAKHAND & ANR. Respondent(s) Date : 12-11-2024 This petition was called on for hearing today. CORAM : HON'BLE MS. JUSTICE BELA M. TRIVEDI HON'BLE MR. JUSTICE SATISH CHANDRA SHARMA For Petitioner(s) Mr. Salman Khurshid, Sr. Adv. Mr. Rameshwar Prasad Goyal, AOR For Respondent(s) Ms. Vanshaja Shukla, AOR Ms. Ankeeta Appanna, Adv. Mr. Prashant Chaudhary, AOR Mr. B.D.Jha, Adv. UPON hearing the counsel the Court made the following O R D E R 1. Heard learned senior counsel, Mr. Salman Khurshid for the petitioner. 2. We are not inclined to interfere with the impugned order passed by the High Court. 3. The petitioner shall surrender himself before the concerned court within two weeks. 4. The Special Leave Petition is, accordingly, dismissed. 5. Pending applications, if any, shall stand disposed of. (RAVI ARORA) (ANU BHALLA) COURT MASTER (SH) COURT MASTER (NSH)

ITEM NO.21 COURT NO.6 SECTION II-B 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). 434/2020 (Arising out of impugned final judgment and order dated 18-12-2019 in CRLMA No. 1087/2016 passed by the High Court Of Uttarakhand At Nainital) VIJAY KUMAR GUPTA Petitioner(s) VERSUS THE STATE OF UTTARAKHAND & ANR. Respondent(s) Date : 01-08-2023 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ANIRUDDHA BOSE HON'BLE MS. JUSTICE BELA M. TRIVEDI For Petitioner(s) Mr. Prabhoo Dayal Tiwari, Adv. Ms. Manisha Tiwari, Adv. Mr. Rameshwar Prasad Goyal, AOR For Respondent(s) Ms. Vanshaja Shukla, AOR Ms. Ankeeta Appanna, Adv. Ms. Rachna Gandhi, Adv. Mr. Prashant Chaudhary, AOR Mr. B.d.jha, Adv. Ms. Preti Jha, Adv. Ms. Priyanka Jha, Adv. Mr. Kanishk Chaudhary, Adv. Mrs. Chitra Chaudhary, Adv. UPON hearing the counsel the Court made the following O R D E R In view of the letter dated 30.07.2023 circulated by learned counsel for the petitioner seeking adjournment, list after three weeks. (POOJA SHARMA) (VIDYA NEGI) SENIOR PERSONAL ASSISTANT ASSISTANT REGISTRAR

ITEM NO.1718 IN COURT NO.2 SECTION II-B 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). 434/2020 VIJAY KUMAR GUPTA Petitioner(s) VERSUS THE STATE OF UTTARAKHAND & ORS. Respondent(s) IA No. 31161/2023 - DELETING THE NAME OF PETITIONER/RESPONDENT) Date : 24-04-2023 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE DIPANKAR DATTA [IN CHAMBER] For Petitioner(s) Mr. Rameshwar Prasad Goyal, AOR Mr. Prabhoo Dayal Tiwari, Adv. Mr. Surya Kumar, Adv. Mrs. Manisha Tiwari, Adv. Mr. Kamlesh Kumar Verma, Adv. For Respondent(s) Ms. Vanshaja Shukla, AOR Ms. Rachna Gandhi, Adv. Mr. Prashant Chaudhary, AOR Mr. B.D.Jha, Adv. Mr. Kanishk Chaudhary, Adv. Ms. Preeti Jha, Adv. Mrs. Chitra Chaudhary, Adv. UPON hearing the counsel the Court made the following O R D E R IA No. 31161/2023 This application has been filed for deletion of respondent No. 3 from the array of parties. The prayer made in this application is granted. The application is allowed at the risk and peril of the petitioner. (CHARANJEET KAUR) (RAM SUBHAG SINGH) ASTT. REGISTRAR-cum-PS BRANCH OFFICER

ITEM NO.21 REGISTRAR COURT. 1 SECTION II-B 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 SH. ATUL M. KURHEKAR Petition(s) for Special Leave to Appeal (Crl.) No(s). 434/2020 VIJAY KUMAR GUPTA Petitioner(s) VERSUS THE STATE OF UTTARAKHAND & ORS. Respondent(s) Date : 14-03-2023 This petition was called on for hearing today. For Petitioner(s) Mr Prabhoo Dayal Tiwari, Adv. Mr Surya Kumar, Adv. Ms Manisha Tiwari, Adv. Mr. Rameshwar Prasad Goyal, AOR For Respondent(s) Ms. Vanshaja Shukla, AOR Mr. Vikas Negi, Adv. Mr. Prashant Chaudhary, AOR Mr. B.d.jha, Adv. Ms. Priyanka Jha, Adv. Ms. Priti Jha, Adv. Mrs. Chitra Chaudhary, Adv. Mr. Kanishk Chaudhary, Adv. UPON hearing the counsel, the Court made the following O R D E R Respondent nos. 1 and 2 have already filed counter affidavit. Application for deletion filed in respect of respondent no.3 be processed for listing before the Hon’ble Judge in Chambers for necessary directions. ATUL M. KURHEKAR Registrar

ITEM NO.18 REGISTRAR COURT. 2 SECTION II-B 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 SH. ATUL M. KURHEKAR Petition(s) for Special Leave to Appeal (Crl.) No(s). 434/2020 VIJAY KUMAR GUPTA Petitioner(s) VERSUS THE STATE OF UTTARAKHAND & ORS. Respondent(s) Date : 27-01-2023 This petition was called on for hearing today. For Petitioner(s) Mr. Rameshwar Prasad Goyal, AOR Mr. Prabhoo Dayal Tiwari, Adv. Ms. Manisha Tiwari, Adv. Mr. Surya Kumar, Adv. Ms. Priya Maurya, Adv. For Respondent(s) Ms. Vanshaja Shukla, AOR Ms. Rachna Gandhi, Adv. Mr. Prashant Chaudhary, AOR Mr. B. D. Jha, Adv. Ms. Preeti Jha, Adv. Mr. Kanishk Chaudhury, Adv. Ms. Chitra Chaudhary, Adv. UPON hearing the counsel through Video Conference, the Court made the following O R D E R Counter affidavit has already been filed on behalf of respondent nos. 1 and 2. As per office report, Ld. Counsel for petitioner has neither taken fresh steps nor furnished fresh particulars in respect of respondent no. 3. However, as prayed, Ld. Counsel for petitioner submits that he will file application for deletion in respect of said respondent. Two weeks time, is granted to Ld. Counsel file the same. List again on 14.03.2023. ATUL M. KURHEKAR Registrar

ITEM NO.16 REGISTRAR COURT. 2 SECTION II-B 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 SH. S.P.S. LALER Petition(s) for Special Leave to Appeal (Crl.) No(s). 434/2020 VIJAY KUMAR GUPTA Petitioner(s) VERSUS THE STATE OF UTTARAKHAND & ORS. Respondent(s) Date : 08-12-2022 This petition was called on for hearing today. For Petitioner(s) Mr. Prabhoo Dayal Tiwari,Adv. Mr. Kamlesh Kumar Maurya,Adv. Mr. Surya Kumar,Adv. Mr. Rameshwar Prasad Goyal, AOR For Respondent(s) Ms. Vanshaja Shukla, AOR Ms. Rachna Gandhi Adv. Mr. Prashant Chaudhary, AOR UPON hearing the counsel through Video Conference, the Court made the following O R D E R Respondent Nos. 1 and 2 have already filed the counter affidavit. Learned counsel for petitioner shall within a period of two weeks file the fresh particulars of respondent No. 3 and he shall also take fresh steps for the service of notice to him within the same period. List again on 27.1.2023. S.P.S. LALER Registrar MG

ITEM NO.7 COURT NO.11 SECTION II S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS IA 9849/2020,31532/2020, in Petition(s) for Special Leave to Appeal (Crl.) No(s). 434/2020 VIJAY KUMAR GUPTA Petitioner(s) VERSUS THE STATE OF UTTARAKHAND & ORS. Respondent(s) IA No. 31532/2020 - CONDONATION OF DELAY IN FILING THE SPARE COPIES IA No. 9849/2020 - EXEMPTION FROM FILING O.T.) Date : 05-03-2020 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE DEEPAK GUPTA [IN CHAMBERS] For Petitioner(s) Mr. Rameshwar Prasad Goyal, AOR Mr. Manisha Tiwari, Adv. Mr. Prabhoo Dayal Tiwari, Adv. Mr. Surya Kumar, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R The delay is filing the spare copies is condoned. (MANISH ISSRANI) (ANAND PRAKASH) SENIOR PERSONAL ASSISTANT BRANCH OFFICER

ITEM NO.65 REGISTRAR COURT. 2 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 SH. RAJIV KALRA Petition(s) for Special Leave to Appeal (Crl.) No(s). 434/2020 VIJAY KUMAR GUPTA Petitioner(s) VERSUS THE STATE OF UTTARAKHAND & ORS. Respondent(s) (FOR ADMISSION and I.R. and IA No.9849/202 0 - EXEMPTION FROM FILING O.T. ) Date : 13 - 02 - 2020 This petition was called on for hearing today. For Petitioner(s) Mr. Prabhoo Dayal Tiwari, Adv. Mr. Surya Kumar, Adv. Ms. Manisha Tiwari, Adv. Mr. Rameshwar Prasad Goyal, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R In terms of Hon’ble Court’s Order dated 24.1.2020, Ld. Counsel for petitioner has not filed spare copies. Hence notice could not be issued. Viewed thus, the matter be processed for listing before the Hon'ble Judge in Chambers for further directions. Await orders. List thereafter. RAJ IV KALRA Registrar MG

ITEM NO.31 COURT NO.15 SECTION II 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). 434/2020 (Arising out of impugned final judgment and order dated 18-12-2019 in CRLMA No. 1087/2016 passed by the High Court Of Uttarakhand At Nainital) VIJAY KUMAR GUPTA Petitioner(s) VERSUS THE STATE OF UTTARAKHAND & ORS. Respondent(s) (FOR ADMISSION and I.R. and IA No.9849/2020-EXEMPTION FROM FILING O.T. ) Date : 24-01-2020 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE DEEPAK GUPTA HON'BLE MR. JUSTICE ANIRUDDHA BOSE For Petitioner(s) Mr. Salman Khurshid,Sr.Adv. Mr. Prabhoo Dayal Tiwari,Adv. Mr. Surya Kumar,Adv. Ms. Manisha tiwari,Adv. Mr. Rameshwar Prasad Goyal, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Issue notice. In the meantime, there shall be stay of further proceedings in Crl. Case No. 55 of 2016 pending in the Court of Judicial Magistrate Fist Class, Narendra Nagar, Distt. Tehri Garhwal. (SUMAN WADHWA) (PRADEEP KUMAR) AR CUM PS BRANCH OFFICER

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