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UMASHANKAR v. STATE OF U.P

Supreme Court of India | Diary 10153/2015

Status

ROP - of Main Case

Decided On

18-07-2016

Bench

Petitioner

UMASHANKAR

Respondent

STATE OF U.P

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Full Judgment Text

ITEM NO.315 COURT NO.10 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.2821/2015 (Arising out of impugned final judgment and order dated 10/02/2015 in CMBA No. 39989/2014 passed by the High Court of Judicature at Allahabad) UMASHANKAR Petitioner(s) VERSUS STATE OF U.P Respondent(s) (With interim relief and office report) Date : 18/07/2016 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE PINAKI CHANDRA GHOSE HON'BLE MR. JUSTICE UDAY UMESH LALIT For Petitioner(s) Mr. Krishan Kant Dubey, Adv. Mr. Sanjay Kumar Dubey, Adv. Mr. Rakesh Kumar Tiwari, Adv. Ms. Shuchi Singh, Adv. Mr. Devendra Kumar Shukla, Adv. Mr. Rajiv Ranjan Dwivedi, AOR For Respondent(s) Mr. M. R. Shamshad, AOR Mr. S. Wasim A. Qadri, Adv. UPON hearing the counsel the Court made the following O R D E R Learned counsel appearing on behalf of the petitioner submits that the matter has become infructuous. In view of the submission made, the special leave petition is dismissed as having become infructuous. Pending application stands disposed of. (RASHMI DHYANI ) (SNEH LATA SHARMA) SR.P.A. COURT MASTER

SECTION-II IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION PETITION FOR SPECIAL LEAVE TO APPEAL (CRL.) NO. 2821 OF 2015 Umashankar ... Petitioner(s) VERSUS State of Uttar Pradesh ... Respondent(s) OFFICE REPORT The matter above mentioned was listed before the Hon'ble Court on 3 rd July, 2015 when the Court was pleased to pass the following order: “List the matter after service of notice is complete .” It is submitted that Mr. M.R. Shamshad, Advocate has on 29 th October, 2015 filed Vakalatnama/Appearance on behalf of sole Respondent/State. Service of Show Cause Notice is complete. The matter above mentioned was listed before the Court of Registrar on 1 st March, 2016 when the following order was passed : “The Ld. Counsel for the sole respondent has failed to file the counter affidavit within the period stipulated under the rules. Viewed, in that context, the matter shall be processed for listing before the Hon'ble Court, under the rules. ” It is submitted that Mr. M.R. Shamshad, Advocate has on 7 th April, 2016 filed Counter Affidavit on behalf of sole Respondent/State. Copy of the same has been included in SLP paper books for kind perusal of the Hon'ble Court. T he matter above-mentioned is listed before the Hon'ble Court with this office report. DATED this the 19th day of May, 2016. ASSISTANT REGISTRAR

COPY TO: 1. Mr. Rajiv Ranjan Dwivedi, Advocate 424, M.C. Setalvad Block, S.C.I. 2. Mr. M.R. Shamshad, Advocate B-4(L.G.F.), Jangpura Extension N.D.-14 C4/dk ASSISTANT REGISTRAR

ITEM NO.315 COURT NO.10 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.2821/2015 (Arising out of impugned final judgment and order dated 10/02/2015 in CMBA No. 39989/2014 passed by the High Court of Judicature at Allahabad) UMASHANKAR Petitioner(s) VERSUS STATE OF U.P Respondent(s) (With interim relief and office report) Date : 18/07/2016 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE PINAKI CHANDRA GHOSE HON'BLE MR. JUSTICE UDAY UMESH LALIT For Petitioner(s) Mr. Krishan Kant Dubey, Adv. Mr. Sanjay Kumar Dubey, Adv. Mr. Rakesh Kumar Tiwari, Adv. Ms. Shuchi Singh, Adv. Mr. Devendra Kumar Shukla, Adv. Mr. Rajiv Ranjan Dwivedi, AOR For Respondent(s) Mr. M. R. Shamshad, AOR Mr. S. Wasim A. Qadri, Adv. UPON hearing the counsel the Court made the following O R D E R Learned counsel appearing on behalf of the petitioner submits that the matter has become infructuous. In view of the submission made, the special leave petition is dismissed as having become infructuous. Pending application stands disposed of.Signature Not VerifiedDigitally signed byRASHMI DHYANI (RASHMI DHYANI) (SNEH LATA SHARMA)Date: 2016.07.2017:24:01 ISTReason: SR.P.A. COURT MASTER

ITEM NO.61 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 MR. M V RAMESH Petition(s) for Special Leave to Appeal (Crl.) No(s). 2821/2015 UMASHANKAR Petitioner(s) VERSUS STATE OF U.P Respondent(s) (with interim relief and office report) Date : 01/03/2016 This petition was called on for hearing today. For Petitioner(s) Mr. Rajiv Ranjan Dwivedi,Adv. For Respondent(s) Mr. Shashank Singh,Adv. Mr. M. R. Shamshad,Adv. UPON hearing the counsel the Court made the following O R D E R The Ld. Counsel for the sole respondent has failed to file the counter affidavit within the period stipulated under the rules. Viewed, in that context, the matter shall be processed for listing before the Hon'ble Court, under the rules. (M V RAMESH) Registrar MG

$ ITEM NO.61 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 MR. M V RAMESH Petition(s) for Special Leave to Appeal (Crl.) No(s). 2821/2015 UMASHANKAR Petitioner(s) VERSUS STATE OF U.P Respondent(s) (with interim relief and office report) Date : 01/03/2016 This petition was called on for hearing today. For Petitioner(s) Mr. Rajiv Ranjan Dwivedi,Adv. For Respondent(s) Mr. Shashank Singh,Adv. Mr. M. R. Shamshad,Adv. UPON hearing the counsel the Court made the following O R D E R The Ld. Counsel for the sole respondent has failed to file the counter affidavit within the period stipulated under the rules. Viewed, in that context, the matter shall be processed for listing before the Hon'ble Court, under the rules. (M V RAMESH) Registrar MGSignature Not VerifiedDigitally signed byMadhu GroverDate: 2016.03.0116:34:40 SCTReason:

ITEM NO.68 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 MR. M V RAMESH Petition(s) for Special Leave to Appeal (Crl.) No(s). 2821/2015 UMASHANKAR Petitioner(s) VERSUS STATE OF U.P Respondent(s) (with interim relief and office report) Date : 15/01/2016 This petition was called on for hearing today. For Petitioner(s) Mr. Devendra Kumar Shukla,Adv. Mr. Rajiv Ranjan Dwivedi,Adv. For Respondent(s) Mr. Shashank Singh,Adv. Mr. M. R. Shamshad,Adv. UPON hearing the counsel the Court made the following O R D E R Four weeks time, as last chance is given to the Ld. Counsel for the sole respondent to file the counter affidavit. List again on 1.3.2016. (M V RAMESH) Registrar MG

Ô ITEM NO.68 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 MR. M V RAMESH Petition(s) for Special Leave to Appeal (Crl.) No(s). 2821/2015 UMASHANKAR Petitioner(s) VERSUS STATE OF U.P Respondent(s) (with interim relief and office report) Date : 15/01/2016 This petition was called on for hearing today. For Petitioner(s) Mr. Devendra Kumar Shukla,Adv. Mr. Rajiv Ranjan Dwivedi,Adv. For Respondent(s) Mr. Shashank Singh,Adv. Mr. M. R. Shamshad,Adv. UPON hearing the counsel the Court made the following O R D E R Four weeks time, as last chance is given to the Ld. Counsel for the sole respondent to file the counter affidavit. List again on 1.3.2016. (M V RAMESH) Registrar MGSignature Not VerifiedDigitally signed byMadhu GroverDate: 2016.01.1516:30:00 SCTReason:

ITEM NO.72 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 MR. M V RAMESH Petition(s) for Special Leave to Appeal (Crl.) No(s). 2821/2015 UMASHANKAR Petitioner(s) VERSUS STATE OF U.P Respondent(s) (with interim relief and office report) Date : 28/10/2015 This petition was called on for hearing today. For Petitioner(s) Mr.Devendra K.Shukla,Adv. Mr. Rajiv Ranjan Dwivedi,Adv. For Respondent(s) Mr.Shashank Singh,Adv. Ms.Shalini Kumar,Adv. Mr.M.R.Shamshad,Adv. UPON hearing the counsel the Court made the following O R D E R Mr.M.R.Shamshad , Ld.counsel undertakes to appear for the sole respondent. He seeks and is given two week's time to file the vakalatnama and four weeks time to file the counter affidavit. List the matter again on 15.01.2016. (M V RAMESH) Registrar SB

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ITEM NO.88 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 MR. M K HANJURA Petition(s) for Special Leave to Appeal (Crl.) No(s). 2821/2015 UMASHANKAR Petitioner(s) VERSUS STATE OF U.P Respondent(s) (with interim relief and office report) Date : 11/08/2015 This petition was called on for hearing today. For Petitioner(s) Mr.Rakesh Kumar Tiwari,Adv. Mr. Rajiv Ranjan Dwivedi,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Await the return of the service of notice already issued to the sole respondent. Ld.counsel for the petitioner seeks and is given four weeks time as last chance to file the affidavit in proof of dasti service of notice issued to sole respondent. List the matter again on 28.10.2015. (M K HANJURA) Registrar SB

| ITEM NO.88 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 MR. M K HANJURA Petition(s) for Special Leave to Appeal (Crl.) No(s). 2821/2015 UMASHANKAR Petitioner(s) VERSUS STATE OF U.P Respondent(s) (with interim relief and office report) Date : 11/08/2015 This petition was called on for hearing today. For Petitioner(s) Mr.Rakesh Kumar Tiwari,Adv. Mr. Rajiv Ranjan Dwivedi,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Await the return of the service of notice already issued to the sole respondent. Ld.counsel for the petitioner seeks and is given four weeks time as last chance to file the affidavit in proof of dasti service of notice issued to sole respondent. List the matter again on 28.10.2015. (M K HANJURA) Registrar SBSignature Not VerifiedDigitally signed bySushma Kumari BajajDate: 2015.08.1216:33:03 TLTReason:

ITEM NO.7 COURT NO.7 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). 2821/2015 (Arising out of impugned final judgment and order dated 10/02/2015 in CMBA No. 39989/2014 passed by the High Court of Judicature at Allahabad) UMASHANKAR Petitioner(s) VERSUS STATE OF U.P Respondent(s) (with interim relief and office report) Date : 03/07/2015 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLA HON'BLE MR. JUSTICE UDAY UMESH LALIT For Petitioner(s) Mr. Sanjay Kumar Dubey,Adv. Mr. Rakesh Kumar Tewari,Adv. Mr. Devendra Kumar Shukla,Adv. Mr. Upendra Narayan Mehra,Adv. Mr. Rajiv Ranjan Dwivedi,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R L ist the matter after service of notice is complete. (NARENDRA PRASAD) (SHARDA KAPOOR) COURT MASTER COURT MASTER

SECTION-II IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION PETITION FOR SPECIAL LEAVE TO APPEAL (CRL.) NO. 2821 OF 2015 WITH CRIMINAL MISCELLANEOUS PETITION NO. 5890 OF 2015 (Application for exemption from filing official translation) Umashankar ... Petitioner(s) VERSUS State of Uttar Pradesh ... Respondent(s) OFFICE REPORT The matter above mentioned was listed before the Hon'ble Court on 24 th April, 2015 when the Court was pleased to pass the following order: “Issue notice, returnable in four weeks. Dasti service, in addition, is permitted. Considering the facts and circumstances of the case, we are inclined to grant interim bail to the petitioner in S.T. No.189/2012 to the satisfaction of the District & Sessions Judge, Jaunpur, until further orders. Ordered accordingly.” Accordingly Show Cause Notice returnable on 3 rd July, 2015 was issued to the sole Respondent/State through registered post A.D. as well as dasti through Counsel for the Petitioner on 9 th May, 2015. No return of service has been received through usual mode. It is submitted that Counsel for the Petitioner has not filed the Affidavit of dasti service, so far. Service of Show Cause Notice is incomplete. The matter above-mentioned is listed before the Hon'ble Court with this office report. DATED this the 29th day of June, 2015. ASSISTANT REGISTRAR COPY TO: 1. Mr. Rajiv Ranjan Dwivedi, Advocate

424, M.C. Setalvad Block, S.C.I. 2. * Mr. M.R. Shamshad, Advocate B-4(L.G.F.), Jangpura Extension N.D.-14 ( * You are requested to file Vakalatnama/Appearance on behalf of State of Uttar Pradesh ) C4/dk ASSISTANT REGISTRAR

ITEM NO.10 COURT NO.7 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). 2821/2015 (Arising out of impugned final judgment and order dated 10/02/2015 in CMBA No. 39989/2014 passed by the High Court of Judicature at Allahabad) UMASHANKAR Petitioner(s) VERSUS STATE OF U.P. Respondent(s) (with appln. (s) for exemption from filing O.T.) Date : 24/04/2015 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLA HON'BLE MR. JUSTICE SHIVA KIRTI SINGH For Petitioner(s) Mr. Rakesh Kumar Tewari,Adv. Mr. Sanjay Kumar Dubey,Adv. Mr. Devendra Kumar Shukla,Adv. Mr. Rajiv Ranjan Dwivedi,AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Issue notice, returnable in four weeks. Dasti service, in addition, is permitted. Considering the facts and circumstances of the case, we are inclined to grant interim bail to the petitioner in S.T. No.189/2012 to the satisfaction of the District & Sessions Judge, Jaunpur, until further orders. Ordered accordingly. (NARENDRA PRASAD) (SHARDA KAPOOR) COURT MASTER COURT MASTER

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