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SACHHIDANAND OJHA . v. STATE OF U.P.

Supreme Court of India | Diary 10130/2013

Status

ROP - of Main Case

Decided On

23-09-2014

Bench

Petitioner

SACHHIDANAND OJHA .

Respondent

STATE OF U.P.

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Full Judgment Text

ITEM NO.20 COURT NO.13 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).3942/2013 (Arising out of impugned final judgment and order dated 13/12/2011 in CRMA No.36166/2011 passed by the High Court Of Judicature at Allahabad) SACHHIDANAND OJHA & ANR. Petitioner(s) VERSUS STATE OF U.P. & ANR. Respondent(s) (With appln. (s) for c/delay in filing SLP and exemption from filing O.T. and permission to file additional documents and stay and office report) (For final disposal) Date : 23/09/2014 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE M.Y. EQBAL HON'BLE MR. JUSTICE PINAKI CHANDRA GHOSE For Petitioner(s) Mr. P.N. Mishra, Sr. Adv. Mr. Anil Kumar Pandey, Adv. For Mr. K. L. Janjani,Adv. For Respondent(s) Mr. Vivek Vishnoi, Adv. Mr. M. R. Shamshad,Adv. (Not Present) Mr. Rakesh Kumar, Adv. Mr. Aditya Nayyar, Adv. Mr. Saurabh Mishra,Adv. (Not Present) UPON hearing the counsel the Court made the following O R D E R Delay condoned. The special leave petition is dismissed. (SANJAY KUMAR) (SNEH LATA SHARMA) COURT MASTER COURT MASTER

ê ITEM NO.20 COURT NO.13 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).3942/2013 (Arising out of impugned final judgment and order dated 13/12/2011 in CRMA No.36166/2011 passed by the High Court Of Judicature at Allahabad) SACHHIDANAND OJHA & ANR. Petitioner(s) VERSUS STATE OF U.P. & ANR. Respondent(s) (With appln. (s) for c/delay in filing SLP and exemption from filing O.T. and permission to file additional documents and stay and office report) (For final disposal) Date : 23/09/2014 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE M.Y. EQBAL HON'BLE MR. JUSTICE PINAKI CHANDRA GHOSE For Petitioner(s) Mr. P.N. Mishra, Sr. Adv. Mr. Anil Kumar Pandey, Adv. For Mr. K. L. Janjani,Adv. For Respondent(s) Mr. Vivek Vishnoi, Adv. Mr. M. R. Shamshad,Adv. (Not Present) Mr. Rakesh Kumar, Adv. Mr. Aditya Nayyar, Adv. Mr. Saurabh Mishra,Adv. (Not Present) UPON hearing the counsel the Court made the following O R D E R Delay condoned. The special leave petition is dismissed.Signature Not VerifiedDigitally signed bySanjay KumarDate: 2014.09.24 (SANJAY KUMAR) (SNEH LATA SHARMA)13:30:49 ISTReason: COURT MASTER COURT MASTER

ITEM NO.51 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 PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s). 3942/2013 (Arising out of impugned final judgment and order dated 13/12/2011 in CRMA No. 36166/2011 passed by the High Court Of Judicature At Allahabad) SACHHIDANAND OJHA & ANR. Petitioner(s) VERSUS STATE OF U.P. & ORS Respondent(s) (with appln. (s) for c/delay in filing SLP and exemption from filing o.t. and permission to file additional documents and stay and office report) Date : 25/08/2014 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE M.Y. EQBAL HON'BLE MR. JUSTICE PINAKI CHANDRA GHOSE For Petitioner(s) Mr. P.N. Mishra, Sr.Adv. Mr. Anil Kumar Pandey, Adv. Mr. K. L. Janjani,Adv. For Respondent(s) Mr. M. R. Shamshad,Adv. Mr. vivek Vishnoi, Adv. Mr. Aviral Saxena, Adv. Mr. Saurabh Mishra,Adv. Mr. rakesh Kumar, Adv. UPON hearing the counsel the Court made the following O R D E R List the matter on a non miscellaneous day for final hearing. (Sukhbir Paul Kaur) (Sneh Lata Sharma) Court Master Court Master

ª ITEM NO.51 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 PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s). 3942/2013 (Arising out of impugned final judgment and order dated 13/12/2011 in CRMA No. 36166/2011 passed by the High Court Of Judicature At Allahabad) SACHHIDANAND OJHA & ANR. Petitioner(s) VERSUS STATE OF U.P. & ORS Respondent(s) (with appln. (s) for c/delay in filing SLP and exemption from filing o.t. and permission to file additional documents and stay and office report) Date : 25/08/2014 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE M.Y. EQBAL HON'BLE MR. JUSTICE PINAKI CHANDRA GHOSE For Petitioner(s) Mr. P.N. Mishra, Sr.Adv. Mr. Anil Kumar Pandey, Adv. Mr. K. L. Janjani,Adv. For Respondent(s) Mr. M. R. Shamshad,Adv. Mr. vivek Vishnoi, Adv. Mr. Aviral Saxena, Adv. Mr. Saurabh Mishra,Adv. Mr. rakesh Kumar, Adv. UPON hearing the counsel the Court made the following O R D E R List the matter on a non miscellaneous day for final hearing.Signature Not VerifiedDigitally signed bySukhbir Paul KaurDate: 2014.08.2817:12:29 ISTReason: (Sukhbir Paul Kaur) (Sneh Lata Sharma) Court Master Court Master

L ITEM NO.52 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 Petition(s) for Special Leave to Appeal (Crl.) No(s). 3942/2013 (Arising out of impugned final judgment and order dated 13/12/2011 in CRMA No. 36166/2011 passed by the High Court Of Judicature At Allahabad) SACHHIDANAND OJHA & ANR. Petitioner(s) VERSUS STATE OF U.P. & ORS Respondent(s) (With appln. (s) for c/delay in filing slp and exemption from filing o.t. and permission to file additional documents and stay and office report) Date : 21/07/2014 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE RANJAN GOGOI HON'BLE MR. JUSTICE M.Y. EQBAL For Petitioner(s) Mr. K. L. Janjani ,Adv. For Respondent(s) Mr. M. R. Shamshad ,Adv. Mr. Kabir Dixit,Adv. Mr. Shashank Singh,Adv. Mr. P. S. Sudheer ,Adv. UPON hearing the counsel the Court made the following O R D E R Perused the letter. List after four weeks. (MADHU BALA) (SNEH LATA SHARMA) COURT MASTER COURT MASTERSignature Not VerifiedDigitally signed byMadhu BalaDate: 2014.07.2313:24:59 ISTReason:

SECTION-II IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION PETITION FOR SPECIAL LEAVE TO APPEAL(CRL.) NO. 3942 OF 2013 WITH CRL. MISC. PETITION NOS. 8554, 10044 OF 2013, 12648 & 12649 OF 2014 (Applications for condonation of delay in filing the special leave petition and Stay) Sachhidanand Ojha & Anr. ...Petitioner(s) VERSUS State of U.P. & Anr. ... Respondent(s) OFFICE REPORT The matter above mentioned was listed before the Hon'ble Court on 30.06.2014 when the Court was pleased to pass the following order: “Learned counsel for the petitioner seeks time to satisfy the court that sale in favour of the M/s. Medinimata Agro Products Pvt. Ltd. is permissible in law. List after two weeks, as prayed for.” It is submitted that Mr. Saurabh Mishra, Advocate has filed Vakalatnama/Appearance on behalf of respondent No.2 after obtaining no objection from erstwhile advocate Mr. P.S. Sudheer. It is further submitted that counsel for the petitio ners has not filed documents in support that the sale in favour of the M/s. Medinimata Agro Products Pvt. Ltd. is permissible in law. Service of Show cause Notice is complete. The matter is listed before the Hon'ble Court with this office report. DATED this the 15th day of July, 2014. ASSISTANT REGISTRAR COPY TO: Mr. K.L. Janjani, Advocate Mr. M.R. Shamshad, Advocate Mr Saurabh Mishra, Advocate c3/sk ASSISTANT REGISTRAR

ì 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 PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s). 3942/2013 (Arising out of impugned final judgment and order dated 13/12/2011 in CRMA 36166/2011 passed by the High Court Of Judicature At Allahabad) SACHHIDANAND OJHA & ANR. Petitioner(s) VERSUS STATE OF U.P. & ORS Respondents(s) (with appln. (s) for c/delay in filing SLP and stay and office report) Date : 30/06/2014 This petition was called on for hearing today. CORAM : HON'BLE DR. JUSTICE B.S. CHAUHAN HON'BLE MR. JUSTICE M.Y. EQBAL For Petitioner(s) Mr. P.N. Mishra,Sr.Adv. Mr. Anil Pandey,Adv. Mr. Pankaj Kumar Singh,Adv. Mr. K.L. Janjani ,Adv. For Respondent(s) Mr. Vivek Vishnoi,Adv. Mr. M.R. Shamshad,Adv. Mr. Zsaki Ahmad Khan,Adv. Mr. Rakesh Kumar,Adv. Mr. Aditya Nayyar,Adv. Mr. Pramod Sachdeva,Adv. Mr. P.S.Sudheer,Adv. UPON hearing the counsel the Court made the following O R D E R Learned counsel for the petitioner seeks time to satisfy the court that sale in favour of the M/s. Medinimata Agro Products Pvt. Ltd is permissible in law.Signature Not VerifiedDigitally signed byOm Parkash SharmaDate: 2014.07.01 List after two weeks, as prayed for.16:30:33 ISTReason: [O.P. SHARMA] [M.S. NEGI] COURT MASTER ASSISTANT REGISTRAR

âITEM NO.44 COURT NO.2 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).3942/2013(From the judgement and order dated 13/12/2011 in CRMANo.36166/2011 of the HIGH COURT OF JUDICATURE AT ALLAHABAD)SACHHIDANAND OJHA & ANR. Petitioner(s) VERSUSSTATE OF U.P. & ORS Respondent(s)(With appln(s) for stay,c/delay in filing SLP and officereport)Date: 28/04/2014 This Petition was called on for hearingtoday.CORAM : HON'BLE MR. JUSTICE H.L. DATTU HON'BLE MR. JUSTICE M.Y. EQBAL HON'BLE MR. JUSTICE S.A. BOBDEFor Petitioner(s) Mr.Ankit Gaur, Adv. for Mr. K.L. Janjani,Adv.For Respondent(s) Mr. M.R. Shamshad,Adv. Mr.M.F.Khan, Adv. Mr. P.S.Sudheer ,Adv(NP) UPON hearing counsel the Court made the following O R D E R Perused the letter dated 26.04.2014. In view of theaverment made by learned counsel for the petitioners, call thematter after two two weeks. (G.V.Ramana) (Vinod Kulvi) Court Master Asstt.Registrar

*ITEM NO.49 COURT NO.13 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).3942/2013(From the judgement and order dated 13/12/2011 in CRMA No.36166/2011, ofThe HIGH COURT OF JUDICATURE AT ALLAHABAD)SACHHIDANAND OJHA & ANR. Petitioner(s) VERSUSSTATE OF U.P. & ORS Respondent(s)(With appln(s) for stay,c/delay in filing SLP and office report)Date: 07/03/2014 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE JAGDISH SINGH KHEHAR HON'BLE MR. JUSTICE M.Y. EQBALFor Petitioner(s) Mr. Pankaj Kumar Singh, Adv. Mr. Anil Pandey, Adv. Mr. Ankit Gaur, Adv. for Mr. K.L. Janjani,AOR(Not present)For Respondent(s) Mr. Kabir Dixit, Adv. Mr. Shashank Singh, Adv. for Mr. M.R. Shamshad,AOR(Not present) Mr. Aditya Nayyar, Adv. Mr. Anshul Gupta, Adv. Mr. Raj Kumar Kaushik, Adv. for Mr. P.S.Sudheer,AOR UPON hearing counsel the Court made the following O R D E R Learned counsel for the petitioner has circulated a letter seeking four weeks' adjournment on account of the illness of his grand mother. Prayer is allowed. List after four weeks. |(Parveen Kr.Chawla) | |(Phoolan Wati Arora) ||Court Master | |Assistant Registrar || | | |

Listed on : 17/1/2014 Court No. : Item No. : SECTION-II IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION PETITION FOR SPECIAL LEAVE TO APPEAL(CRL.) NO. 3942 OF 2013 WITH CRIMINAL MISCELLANEOUS PETITION NOS. 8554 & 10044 OF 2013 (Applications for condonation of delay in filing the special leave petition and Stay) Sachhidanand Ojha & Anr. ...Petitioner(s) VERSUS State of U.P. & Anr. ... Respondent(s) OFFICE REPORT The matter above mentioned was listed before the Hon'ble Court on 29 th April, 2013 when the Court was pleased to pass the following order: “ Exemption from filing OT is allowed. Issue notice on the special leave petition as well as on application for condonation of delay. There shall be stay of arrest of the petitioners as per Prayer (a) until further orders. ” Accordingly, Show Cause Notice was issued to both the Respondents through Registered Post A.D. on 17 th May, 2013. Mr. M.R. Shamshad, Advocate has filed Vakalatnama/Appearance on behalf of Respondent No.1/State and has also filed Counter Affidavit on 16 th July, 2013. Copy of the same has been included in the Special Leave Petition Paper Books at Page Nos. 106 to 110. Mr. P.S. Sudheer, Advocate has filed Vakalatnama/Appearance on behalf of Respondent No. 2. Service of Show cause Notice is complete. Contd...2/-

-2- The matter above-mentioned was listed before the Court of Registrar from time to time and lastly listed on 2nd September, 2013 when the following Order was passed:- “Respondent No.2 has filed vakalatnama. Granted time for filing counter affidavit. Respondent No.1 has already filed counter affidavit. Service is complete. List the matter on 11.11.2013”. Pursuant to the order quoted above, Mr. P.S. Sudheer, Counsel for Respondent No. 2 has on 26 th October, 2013 filed Counter Affidavit in the form of paper books which is placed with Special Leave Petition paper books. The matter is listed before the Hon'ble Court with this office report. DATED this the 10 th day of December, 2013. ASSISTANT REGISTRAR COPY TO: Mr. K.L. Janjani, Advocate Mr. M.R. Shamshad, Advocate Mr P.S. Sudheer, Advocate ASSISTANT REGISTRAR st

Listed on : 3/1/2014 Court No. : Item No. : SECTION-II IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION PETITION FOR SPECIAL LEAVE TO APPEAL(CRL.) NO. 3942 OF 2013 WITH CRIMINAL MISCELLANEOUS PETITION NOS. 8554 & 10044 OF 2013 (Applications for condonation of delay in filing the special leave petition and Stay) Sachhidanand Ojha & Anr. ...Petitioner(s) VERSUS State of U.P. & Anr. ... Respondent(s) OFFICE REPORT The matter above mentioned was listed before the Hon'ble Court on 29 th April, 2013 when the Court was pleased to pass the following order: “ Exemption from filing OT is allowed. Issue notice on the special leave petition as well as on application for condonation of delay. There shall be stay of arrest of the petitioners as per Prayer (a) until further orders. ” Accordingly, Show Cause Notice was issued to both the Respondents through Registered Post A.D. on 17 th May, 2013. Mr. M.R. Shamshad, Advocate has filed Vakalatnama/Appearance on behalf of Respondent No.1/State and has also filed Counter Affidavit on 16 th July, 2013. Copy of the same has been included in the Special Leave Petition Paper Books at Page Nos. 106 to 110. Mr. P.S. Sudheer, Advocate has filed Vakalatnama/Appearance on behalf of Respondent No. 2. Service of Show cause Notice is complete. Contd...2/-

-2- The matter above-mentioned was listed before the Court of Registrar from time to time and lastly listed on 2nd September, 2013 when the following Order was passed:- “Respondent No.2 has filed vakalatnama. Granted time for filing counter affidavit. Respondent No.1 has already filed counter affidavit. Service is complete. List the matter on 11.11.2013”. Pursuant to the order quoted above, Mr. P.S. Sudheer, Counsel for Respondent No. 2 has on 26 th October, 2013 filed Counter Affidavit in the form of paper books which is placed with Special Leave Petition paper books. The matter is listed before the Hon'ble Court with this office report. DATED this the 10 th day of December, 2013. ASSISTANT REGISTRAR COPY TO: Mr. K.L. Janjani, Advocate Mr. M.R. Shamshad, Advocate Mr P.S. Sudheer, Advocate ASSISTANT REGISTRAR st

àITEM NO.67 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 SUNIL THOMASPetition(s) for Special Leave to Appeal (Crl) No(s).3942/2013SACHHIDANAND OJHA & ANR. Petitioner(s) VERSUSSTATE OF U.P. & ORS Respondent(s)(With appln(s) for c/delay in filing SLP,stay and office report )Date: 02/09/2013 This Petition was called on for hearing today.For Petitioner(s) Mr.Anil Kumar Pandey,adv. Mr. K.L. Janjani,Adv.For Respondent(s) Mr.Mukesh Verma,adv. Mr. M.R. Shamshad,Adv. Mr.Rakesh Kumar,adv. Mr. P.S.Sudheer ,Adv UPON hearing counsel the Court made the following O R D E R Respondent No.2 has filed vakalatnama. Granted time for filing counter affidavit. Respondent No.1 has already filed counter affidavit. Service is complete. List the matter on 11.11.2013.| | |(Sunil Thomas) || | |Registrar |SB

²ITEM NO.91 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 SUNIL THOMASPetition(s) for Special Leave to Appeal (Crl) No(s).3942/2013SACHHIDANAND OJHA & ANR. Petitioner(s) VERSUSSTATE OF U.P. & ORS Respondent(s)(With appln(s) for c/delay in filing SLP,stay and office report ))Date: 16/07/2013 This Petition was called on for hearing today.For Petitioner(s) Mr. K.L. Janjani,Adv.For Respondent(s) Mr.Shashank Singh,adv. Mr. M.R. Shamshad,Adv. UPON hearing counsel the Court made the following O R D E R Respondent No.1 is granted four weeks time for filing counter affidavit. Await respondent No.2. Ld.counsel for the petitioner seeks service of notice on respondent No.1 through the Trial Court concerned. Permitted. Take steps. Issue notice to be served through the Trial Court. Furnish the correct address through which notice is to be served. List the matter on 2.09.2013.| | |(Sunil Thomas) || | |Registrar |SB

xITEM NO.30 COURT NO.2 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)... 2013 CRLMP.NO(s). 8554(From the judgement and order dated 13/12/2011 in CRMA No.36166/2011, ofThe HIGH COURT OF JUDICATURE AT ALLAHABAD)SACHHIDANAND OJHA & ANR. Petitioner(s) VERSUSSTATE OF U.P. & ORS Respondent(s)(With appln(s) for c/delay in filing SLP, exemption from filing OT andoffice report)Date: 29/04/2013 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE P. SATHASIVAM HON'BLE MR. JUSTICE M.Y. EQBALFor Petitioner(s) Mr. P.N. Mishra,Sr.Adv. Mr. K.L. Janjani,Adv. Mr. Anil K. Pandey,Adv. Mr. Pankaj K.Singh,Adv. Mr. Ankit Gaur,Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Exemption from filing OT is allowed. Issue notice on the special leave petition as well as on application for condonation of delay. There shall be stay of arrest of the petitioners as per Prayer (a) until further orders. [Madhu Bala] [Savita Sainani] Sr.PA Court Master

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