SHARDA GUPTA v. STATE OF UTTAR PRADESH

ITEM NO.314 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).2713/2013 (Arising out of impugned final judgment and order dated 31/08/2012 in CRLA No.3309/2012 passed by the High Court Of Judicature at Allahabad) SHARDA GUPTA Petitioner(s) VERSUS STATE OF UTTAR PRADESH Respondent(s) (With appln.(s) for exemption from filing O.T. and office report) Date : 09/05/2016 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN HON'BLE MR. JUSTICE UDAY UMESH LALIT For Petitioner(s) Mr. J.C. Gupta, Sr. Adv. Mr. A. Tomar, Adv. Mr. A.K. Upadhyay, Adv. For Mr. Rameshwar Prasad Goyal,Adv. For Respondent(s) Mr. R.K. Das, Sr. Adv. Mr. Manoj Kumar, Adv. Ms. Saumya Kalra, Adv. Mr. C. D. Singh,Adv. (Not Present) UPON hearing the counsel the Court made the following O R D E R The special leave petition is dismissed. As a sequel to the above, pending interlocutory applications, if any, stand dismissed. (Sanjay Kumar-II) (Suman Jain) Court Master Court Master

Listed on : Court No. : Item : SECTION-II IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION PETITION FOR SPECIAL LEAVE TO APPEAL(CRL.) NO. 2713 OF 2013 WITH CRIMINAL MISCELLANEOUS PETITION NO. 7025 OF 2013 (Application for exemption from filing official translation) Sharda Gupta ...Petitioner(s) VERSUS State of Uttar Pradesh ... Respondent(s) OFFICE REPORT The matter above mentioned was listed before the Hon'ble Court on 18 th March, 2013 when the Court was pleased to pass the following order: “Permission to file SLP is granted. Delay condoned. Issue notice.” It is submitted that there are two Respondents in the instant matter and Show Cause Notice was issued to both the Respondents by registered post A.D. on 8 th April, 2013. Neither A.D. card nor unserved cover containing the notice was received back from Respondent No.1. It is further submitted that when Counsel for the Petitioner did not file spare copy for the issuance of fresh notice to Respondent No.1, the matter was listed before the Hon'ble Judge in Chambers on 3 rd November, 2015 when His Lordship was pleased to pass the following order : Cont....2/-

:2: SLP (Crl.)No. 2713/2013 “Three weeks' time is granted to learned counsel for the petitioner to cure the defects, failing which the special leave petition shall stand dismissed as against respondent no. 1 without further reference to the Court.” It is also sumitted that since Counsel for the Petitioner failed to comply the directions of the above order, Special Leave Petition qua Respondent No.1 stood dismissed on 24 th November, 2015 on account of non compliance. Cause title has been amended accordingly. It is lastly submitted that service of Show Cause Notice is complete on remaining Respondent No.2/State and is represented by Mr. C.D. Singh, Advocate. The matter above mentioned is listed before the Hon'ble Court with this office report. DATED this the 8th day of December, 2015. Sd/- ASSISTANT REGISTRAR COPY TO: 1. Mr. Rameshwar Prasad Goyal, Advocate 4, Lawyer's Chambers, S.C.I., N.D. 2. Mr. C.D. Singh, Advocate A-394, Defence Colony, New Delhi C4/dk ASSISTANT REGISTRAR

¤ ITEM NO.314 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).2713/2013 (Arising out of impugned final judgment and order dated 31/08/2012 in CRLA No.3309/2012 passed by the High Court Of Judicature at Allahabad) SHARDA GUPTA Petitioner(s) VERSUS STATE OF UTTAR PRADESH Respondent(s) (With appln.(s) for exemption from filing O.T. and office report) Date : 09/05/2016 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN HON'BLE MR. JUSTICE UDAY UMESH LALIT For Petitioner(s) Mr. J.C. Gupta, Sr. Adv. Mr. A. Tomar, Adv. Mr. A.K. Upadhyay, Adv. For Mr. Rameshwar Prasad Goyal,Adv. For Respondent(s) Mr. R.K. Das, Sr. Adv. Mr. Manoj Kumar, Adv. Ms. Saumya Kalra, Adv. Mr. C. D. Singh,Adv. (Not Present) UPON hearing the counsel the Court made the following O R D E R The special leave petition is dismissed. As a sequel to the above, pending interlocutory applications, if any, stand dismissed. (Sanjay Kumar-II) (Suman Jain)Signature Not Verified Court Master Court MasterDigitally signed bySuman WadhwaDate: 2016.05.1017:41:20 ISTReason:

ITEM NO.16 COURT NO.14 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). 2713/2013 (Arising out of impugned final judgment and order dated 31/08/2012 in CRLA No. 3309/2012 passed by the High Court of Judicature at Allahabad) SHARDA GUPTA Petitioner(s) VERSUS PURUSHOTTAM YADAV & ANR. Respondent(s) (Office report for directions) Date : 03/11/2015 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ARUN MISHRA [IN CHAMBERS] For Petitioner(s) Mr. Rameshwar Prasad Goyal,Adv. Mr. Ayush Negi, Adv. For Respondent(s) Mr. Vikrant Yadav, Adv. Mr. Shashank Shekhar Parihar, Adv. Mr. C. D. Singh,Adv. UPON hearing the counsel the Court made the following O R D E R Three weeks' time is granted to learned counsel for the petitioner to cure the defects, failing which the special leave petition shall stand dismissed as against respondent no. 1 without further reference to the Court. (Neeta) (Suman Jain) Sr. P.A. Court Master

SECTION-II IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION PETITION FOR SPECIAL LEAVE TO APPEAL (CRL.) NO(S). 2713 OF 2013 SHARDA GUPTA ... Petitioner(s) VERSUS PURUSHOTTAM YADAV & ANR. ... Respondent(s) OFFICE REPORT FOR DIRECTIONS The matter above mentioned was listed before the Hon'ble Court on 18.03.2013 when the Court was pleased to pass the following order: “Permission to file SLP is granted. Delay condoned. Issue notice.” Accordingly, Show Cause Notice was issued to both the respondents by Registered A.D. Post on 08.04.2013. Mr. C.D. Singh, Advocate has filed his Vakalatnama/Appearance on behalf of Respondent No.2 only. Neither A.D. Card nor unserved registered cover containing the Show Cause Notice has been received back from the Respondent No.1, so far. The matter above-mentioned was listed before the Court of Registrar form time to time to complete the service of the show cause notice on Respondent No.1 but service could not be complete on the said Respondent, so far. The matter above-mentioned was lastly listed before the Court of Registrar on 04.09.2015 when the following order was passed : “The office report indicates that although by order dated 1.7.2015 of this Court four weeks time as last chance was given to the Learned Counsel for the petitioner to take fresh steps for the service of notice to the Respondent No.1, yet he has not done the needful within the period stipulated in the order. Viewed in that context, the matter shall be processed for listing before the Hon'ble Judge in Chambers for further future directions. Await orders. List thereafter.” It is submitted that Counsel for the Petitioner has not filed spare copy of the SLP to issue fresh notice to Respondent

No.1 till date. The office report for directions in the matter above-mentioned is, therefore, listed before the Hon'ble Judge in Chambers for orders. DATED this the 1 st day of October, 2015. ASSISTANT REGISTRAR COPY TO: 1. Mr. R.P. Goyal, Advocate 4, Lawyers Chambers, Supreme Court of India 2. Mr. C.D. Singh, Advocate A-394, Defence Colony, New Delhi-110024 ASSISTANT REGISTRAR ravin

â ITEM NO.16 COURT NO.14 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). 2713/2013 (Arising out of impugned final judgment and order dated 31/08/2012 in CRLA No. 3309/2012 passed by the High Court of Judicature at Allahabad) SHARDA GUPTA Petitioner(s) VERSUS PURUSHOTTAM YADAV & ANR. Respondent(s) (Office report for directions) Date : 03/11/2015 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ARUN MISHRA [IN CHAMBERS] For Petitioner(s) Mr. Rameshwar Prasad Goyal,Adv. Mr. Ayush Negi, Adv. For Respondent(s) Mr. Vikrant Yadav, Adv. Mr. Shashank Shekhar Parihar, Adv. Mr. C. D. Singh,Adv. UPON hearing the counsel the Court made the following O R D E R Three weeks' time is granted to learned counsel for the petitioner to cure the defects, failing which the special leave petition shall stand dismissed as against respondent no. 1 without further reference to the Court.Signature Not VerifiedDigitally signed byNeeta SapraDate: 2015.11.04 (Neeta) (Suman Jain)16:17:45 ISTReason: Sr. P.A. Court Master

ITEM NO.29 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). 2713/2013 SHARDA GUPTA Petitioner(s) VERSUS PURUSHOTTAM YADAV & ANR. Respondent(s) (with appln. (s) for exemption from filing O.T. and office report) Date : 04/09/2015 This petition was called on for hearing today. For Petitioner(s) Mr. Rameshwar Prasad Goyal,Adv. For Respondent(s) Mr. Udit Arora,Adv. Mr. C. D. Singh,Adv. UPON hearing the counsel the Court made the following O R D E R The office report indicates that although by order dated 1.7.2015 of this Court four weeks time as last chance was given to the Learned Counsel for the petitioner to take fresh steps for the service of notice to the Respondent No.1, yet he has not done the needful within the period stipulated in the order. Viewed in that context, the matter shall be processed for listing before the Hon'ble Judge in Chambers for further future directions. Await orders. List thereafter. (M K HANJURA) Registrar MG

ITEM NO.25 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). 2713/2013 SHARDA GUPTA Petitioner(s) VERSUS PURUSHOTTAM YADAV & ANR. Respondent(s) (with appln. (s) for c/delay in filing SLP and c/delay in refiling SLP and exemption from filing O.T. and office report) Date : 01/07/2015 This petition was called on for hearing today. For Petitioner(s) Mr. Rameshwar Prasad Goyal,Adv. For Respondent(s) Mr. Dhirendra Singh Parmar,Adv. Mr. C. D. Singh,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 learned counsel for the petitioner to comply with the terms of the order dated 13.3.2015 of this Court. The learned counsel for the respondent No.2 has failed to file the counter affidavit within the period stipulated under the rules. List again on 4.9.2015. (M K HANJURA) Registrar MG

\204 ITEM NO.25 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). 2713/2013 SHARDA GUPTA Petitioner(s) VERSUS PURUSHOTTAM YADAV & ANR. Respondent(s) (with appln. (s) for c/delay in filing SLP and c/delay in refiling SLP and exemption from filing O.T. and office report) Date : 01/07/2015 This petition was called on for hearing today. For Petitioner(s) Mr. Rameshwar Prasad Goyal,Adv. For Respondent(s) Mr. Dhirendra Singh Parmar,Adv. Mr. C. D. Singh,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 learned counsel for the petitioner to comply with the terms of the order dated 13.3.2015 of this Court. The learned counsel for the respondent No.2 has failed to file the counter affidavit within the period stipulated under the rules. List again on 4.9.2015.Signature Not VerifiedDigitally signed byMadhu GroverDate: 2015.07.0216:13:02 SCT (M K HANJURA)Reason: Registrar MG

ITEM NO.29 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 M K HANJURA Petition(s) for Special Leave to Appeal (Crl.) No(s). 2713/2013 SHARDA GUPTA Petitioner(s) VERSUS PURUSHOTTAM YADAV & ANR. Respondent(s) (with appln. (s) for c/delay in filing SLP and c/delay in refiling SLP and exemption from filing O.T. and office report) Date : 13/03/2015 This petition was called on for hearing today. For Petitioner(s) Mr. Rameshwar Prasad Goyal,Adv. For Respondent(s) Mr. C. D. Singh,Adv. Mr. M.P. Singh, Adv. UPON hearing the counsel the Court made the following O R D E R Fresh steps for the service of notice to the unserved respondent no.1 shall be taken by the learned counsel for the petitioner within a period of four weeks. Dasti, in addition, is permitted to be served through the Trial Court the particulars of which shall be furnished by the learned counsel for the petitioner within the same period. List again on 01.07.2015. (M K HANJURA) Registrar PS

2 ITEM NO.29 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 M K HANJURA Petition(s) for Special Leave to Appeal (Crl.) No(s). 2713/2013 SHARDA GUPTA Petitioner(s) VERSUS PURUSHOTTAM YADAV & ANR. Respondent(s) (with appln. (s) for c/delay in filing SLP and c/delay in refiling SLP and exemption from filing O.T. and office report) Date : 13/03/2015 This petition was called on for hearing today. For Petitioner(s) Mr. Rameshwar Prasad Goyal,Adv. For Respondent(s) Mr. C. D. Singh,Adv. Mr. M.P. Singh, Adv. UPON hearing the counsel the Court made the following O R D E R Fresh steps for the service of notice to the unserved respondent no.1 shall be taken by the learned counsel for the petitioner within a period of four weeks. Dasti, in addition, is permitted to be served through the Trial Court the particulars of which shall be furnished by the learned counsel for the petitioner within the same period. List again on 01.07.2015.Signature Not VerifiedDigitally signed by (M K HANJURA)Sushma Kumari BajajDate: 2015.03.1615:57:20 IST RegistrarReason: PS

ITEM NO.43 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 M K HANJURA Petition(s) for Special Leave to Appeal (Crl.) No(s). 2713/2013 SHARDA GUPTA Petitioner(s) VERSUS PURUSHOTTAM YADAV & ANR. Respondent(s) (with appln. (s) for c/delay in filing SLP and c/delay in refiling SLP and exemption from filing O.T. and office report) Date : 06/01/2015 This petition was called on for hearing today. For Petitioner(s) Mr. Rameshwar Prasad Goyal,Adv. For Respondent(s) Mr.Sudeep Kumar,adv. Mr. C. D. Singh,Adv. UPON hearing the counsel the Court made the following O R D E R Ld.counsel for the respondent No.2 has failed to file the counter affidavit within the period stipulated under the rules. Await the return of the service of notice already issued to the respondent No.1. List again on 13.03.2015. (M K HANJURA) Registrar SB

ITEM NO.18 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 M K HANJURA Petition(s) for Special Leave to Appeal (Crl.) No(s). 2713/2013 SHARDA GUPTA Petitioner(s) VERSUS PURUSHOTTAM YADAV & ANR. Respondent(s) (with appln. (s) for c/delay in filing SLP and c/delay in refiling SLP and exemption from filing O.T. and office report) Date : 13/10/2014 This petition was called on for hearing today. For Petitioner(s) Mr. Rameshwar Prasad Goyal,Adv. For Respondent(s) Mr. Darpan Bhuyan,Adv. Mr. C. D. Singh,Adv. Mr. T.N. Singh,Adv. Mr. Vikas K. Singh,Adv. UPON hearing the counsel the Court made the following O R D E R The office report is that although by Order dated 1.8.2014 of this Court six weeks time as last chance was given to the respondent No. 2 for filing the counter affidavit, yet he has not done the needful so far. Therefore no further opportunity is warranted to be given to him on that count taking into consideration the rule position. Three weeks time, as last chance is given to the learned counsel for the petitioner to take fresh steps for the service of notice to the unserved respondent No.1. List again on 2.1.2015. (M K HANJURA) Registrar MG

z ITEM NO.18 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 M K HANJURA Petition(s) for Special Leave to Appeal (Crl.) No(s). 2713/2013 SHARDA GUPTA Petitioner(s) VERSUS PURUSHOTTAM YADAV & ANR. Respondent(s) (with appln. (s) for c/delay in filing SLP and c/delay in refiling SLP and exemption from filing O.T. and office report) Date : 13/10/2014 This petition was called on for hearing today. For Petitioner(s) Mr. Rameshwar Prasad Goyal,Adv. For Respondent(s) Mr. Darpan Bhuyan,Adv. Mr. C. D. Singh,Adv. Mr. T.N. Singh,Adv. Mr. Vikas K. Singh,Adv. UPON hearing the counsel the Court made the following O R D E R The office report is that although by Order dated 1.8.2014 of this Court six weeks time as last chance was given to the respondent No. 2 for filing the counter affidavit, yet he has not done the needful so far. Therefore no further opportunity is warranted to be given to him on that count taking into consideration the rule position. Three weeks time, as last chance is given to the learned counsel for the petitioner to take fresh steps for the service of notice to the unserved respondent No.1.Signature Not VerifiedDigitally signed byMadhu Grover List again on 2.1.2015.Date: 2014.10.1416:15:18 ISTReason: (M K HANJURA) Registrar MG

\210ITEM NO.32 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 M.K. HANJURAPetition(s) for Special Leave to Appeal (Crl) No(s).2713/2013SHARDA GUPTA Petitioner(s) VERSUSPURUSHOTTAM YADAV & ANR. Respondent(s)(With appln(s) for c/delay in filing SLP,c/delay in refilingSLP,exemption from filing O.T. and office report )Date: 09/04/2014 This Petition was called on for hearing today.For Petitioner(s) Mr. Rameshwar Prasad Goyal,Adv.For Respondent(s) Mr.Upendra Mishra,adv. Mr. C.D. Singh,Adv. UPON hearing counsel the Court made the following O R D E R Ld.counsel for the petitioner and the learned counsel for the respondent State are present. Ld.counsel for the respondent State seeks and is given four weeks time to file the counter affidavit. ..........2 ITEM NO.32 -2- Ld.counsel for the petitioner is directed to take fresh steps for the service of notice to the unserved respondent No.1. He shall do the needful within a period of two weeks, failing which appropriate orders shall follow on the next date. List again on 01.08.2014. (M.K.HANJURA) RegistrarSB

´ITEM NO.25 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)... 2013 CRLMP.NO(s). 4854(From the judgement and order dated 31/08/2012 in CRLA No.3309/2012 of theHIGH COURT OF JUDICATURE AT ALLAHABAD)SHARDA GUPTA Petitioner(s) VERSUSPURUSHOTTAM YADAV & ANR. Respondent(s)With CRLMP.NO(s). 4854/2013(permission to file SLP and office report)Date: 18/03/2013 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE K.S. RADHAKRISHNAN HON'BLE MR. JUSTICE DIPAK MISRAFor Petitioner(s) Mr. J.C. Gupta, Sr.Adv. Mr. Anurag Tomar, Adv. Mr. Rameshwar Prasad Goyal,A.O.R.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Permission to file SLP is granted. Delay condoned. Issue notice. |(A.D. Sharma) | |(Renuka Sadana) ||Court Master | |Court Master |

SHARDA GUPTA v. STATE OF UTTAR PRADESH

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