SLP(Crl.) 3706/2016 1 ITEM NO.2 COURT NO.4 SECTION II S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS CRL.M.P. Nos.10968 & 109689/2016 In Petition(s) for Special Leave to Appeal (Crl.) No.3706/2016 (Arising out of impugned final judgment and order dated 28/03/2007 in CRLA No. 3502/2005 passed by the High Court of Judicature at Allahabad) BOBBY @ RAJKUMAR LODGED IN CENTRAL JAIL AGRA Petitioner(s) VERSUS STATE OF U.P Respondent(s) (For juvenility u/s 9(2) of Juvenile Justice (Care and Protection of Children) Act 2015 and exemption from filing O.T. and office report) Date : 06/09/2016 This application was called on for hearing today. CORAM : HON'BLE MR. JUSTICE DIPAK MISRA HON'BLE MR. JUSTICE ADARSH KUMAR GOEL For Petitioner(s) Mr. N.M. Popli, Adv. Mr. Anurag, Adv. Mrs. B. Sunita Rao, AOR For Respondent(s) Ms. Pragati Neekhra, Adv. Mr. Utkarsh Sharma, Adv. UPON hearing the counsel the Court made the following O R D E R This Court on 16 th August, 2016, had directed as follows:- “ Heard Mr. N.M. Popli, learned counsel for the petitioner. He has drawn our attention to page 13, wherefrom it is evident that the Jailor, District Jail, Ghaziabad, has given the certificate pursuant to the Right to Information made by the petitioner.
SLP(Crl.) 3706/2016 2 In view of the aforesaid, we direct the Jailor, District Jail, Ghaziabad, to remain personally present on 6.9.2016. A copy of the order be handed over to Mr. Ravi Prakash Mehrotra, learned Standing Counsel for the State of Uttar Pradesh who shall intimate the concerned Jailor. Additionally, Registry of this Court is directed to intimate the jailor, District Jail, Ghaziabad so that he shall remain present along with the record pertaining to the petitioner. Call on the date fixed.” In pursuance of the aforesaid order, Mr. Ram Siromani Yadav, Jailor, District Jail, Ghaziabad, is personally present. Learned counsel appearing for the State fairly submits that he has no authority to give any reply under the Right to Information Act, 2005, as regards the juvenile status, which is based on age, to a convict. In view of the aforesaid, as advised at present, we are not inclined to entertain the present criminal miscellaneous petitions and the same are, accordingly, dismissed. Needless to say, the petitioner, if so desires, can file appropriate application as required in law. (Chetan Kumar) Court Master (H.S. Parasher) Court Master
SECTION-II IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL MISCELLANEOUS PETITION NOS. 10968 & 10969 OF 2016 [Application for Juvenility u/s 9(2) of Juvenile Justice (Care & Protection of Children) Act, 2015 & exemption from filing official translation] IN PETITION FOR SPECIAL LEAVE TO APPEAL(CRL.) NO. 3706 OF 2016 Bobby @ Rajkumar Lodged in Central Jail, Agra ...Petitioner(s) VERSUS State of Uttar Pradesh ... Respondent(s) OFFICE REPORT (IN DISMISSED MATTER) The application for Juvenility was listed before the Hon'ble Court on 16 th August, 2016 when the Court was pleased to pass the following order: ”Heard Mr. N.M. Popli, learned counsel for the petitioner. He has drawn our attention to page 13, wherefrom it is evident that the Jailor, District Jail, Ghaziabad has given the certificate pursuant to the Right to Information made by the petitioner. In view of the aforesaid, we direct the Jailor, District Jail, Ghaziabad to remain personally present on 6.9.2016. A copy of the order be handed over the Mr. Ravi Prakash Mehrotra, learned standins counsel for the State of Uttar Pradesh who shall intimate the concerned Jailor. Additionally, Registry of this Court is directed to intimate the Jailor, District Jail, Ghaziabad so that he shall remain present along with the record pertaining to the petitioner.” It is submitted that pursuant to the order quoted above, a certified copy of above order has been issued to the Jailor as well as to Mr. Ravi Prakash Mehrotra, Standing Counsel for the State of U.P. It if further submitted that Ms. Pragati Neekhra, Advocate has on 3 rd September, 2016 filed Vakalatnama/Appearance on behalf of sole Respondent.
The applications above mentioned in the above dismissed matter are listed before the Hon'ble Court with this office report. DATED this the 2 nd day of September, 2016. ASSISTANT REGISTRAR COPY TO: Mrs. B. Sunita Rao, Advocate Ms. Pragati Neekhra, Advocate C4/dk ASSISTANT REGISTRAR
âSLP(Crl.) 3706/20161ITEM NO.2 COURT NO.4 SECTION II S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSCRL.M.P. Nos.10968 & 109689/2016 In Petition(s) for Special Leave to Appeal (Crl.) No.3706/2016(Arising out of impugned final judgment and order dated 28/03/2007in CRLA No. 3502/2005 passed by the High Court of Judicature atAllahabad)BOBBY @ RAJKUMAR LODGED IN CENTRAL JAIL AGRA Petitioner(s) VERSUSSTATE OF U.P Respondent(s)(For juvenility u/s 9(2) of Juvenile Justice (Care and Protectionof Children) Act 2015 and exemption from filing O.T. and officereport)Date : 06/09/2016 This application was called on for hearing today.CORAM : HON'BLE MR. JUSTICE DIPAK MISRA HON'BLE MR. JUSTICE ADARSH KUMAR GOELFor Petitioner(s) Mr. N.M. Popli, Adv.Mr. Anurag, Adv. Mrs. B. Sunita Rao, AOR For Respondent(s) Ms. Pragati Neekhra, Adv.Mr. Utkarsh Sharma, Adv. UPON hearing the counsel the Court made the following O R D E RThis Court on 16 th August, 2016, had directed asfollows:-⬠S Heard Mr. N.M. Popli, learned counsel for thepetitioner. He has drawn our attention to page13, wherefrom it is evident that the Jailor,District Jail, Ghaziabad, has given thecertificate pursuant to the Right toInformation made by the petitioner.SLP(Crl.) 3706/20162In view of the aforesaid, we direct theJailor, District Jail, Ghaziabad, to remainpersonally present on 6.9.2016. A copy of theorder be handed over to Mr. Ravi PrakashMehrotra, learned Standing Counsel for theState of Uttar Pradesh who shall intimate theconcerned Jailor. Additionally, Registry ofthis Court is directed to intimate the jailor,District Jail, Ghaziabad so that he shallremain present along with the record pertainingto the petitioner.Call on the date fixed.⬠\235In pursuance of the aforesaid order, Mr. RamSiromani Yadav, Jailor, District Jail, Ghaziabad, ispersonally present. Learned counsel appearing for the Statefairly submits that he has no authority to give any replyunder the Right to Information Act, 2005, as regards thejuvenile status, which is based on age, to a convict.In view of the aforesaid, as advised at present, weare not inclined to entertain the present criminalmiscellaneous petitions and the same are, accordingly,dismissed. Needless to say, the petitioner, if so desires,can file appropriate application as required in law.(Chetan Kumar)Court Master (H.S. Parasher)Court Master
ITEM NO.16 COURT NO.4 SECTION II S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS CRLMP.NOS. 10968/2016 & 10969/2016 in Petition(s) for Special Leave to Appeal (Crl.) No(s). 3706/2016 (Arising out of impugned final judgment and order dated 28/03/2007 in CRLA No. 3502/2005 passed by the High Court of Judicature at Allahabad) BOBBY @ RAJKUMAR LODGED IN CENTRAL JAIL AGRA Petitioner(s) VERSUS STATE OF U.P Respondent(s) (appln. for juvenility u/s 9(2) of Juvenile Justice (Care & Protection of Children) act, 2015 and exemption from filing O.T. and office report) Date : 16/08/2016 This application was called on for hearing today. CORAM : HON'BLE MR. JUSTICE DIPAK MISRA HON'BLE MR. JUSTICE UDAY UMESH LALIT For Petitioner(s) Mr. N.M. Popli, Adv. Mr. Anurag, Adv. Mrs. B. Sunita Rao, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Heard Mr. N.M. Popli, learned counsel for the petitioner. He has drawn our attention to page 13, wherefrom it is evident that the Jailor, District Jail, Ghaziabad has given the certificate pursuant to the Right to Information made by the petitioner. In view of the aforesaid, we direct the Jailor, District Jail, Ghaziabad to remain personally present on 6.9.2016. A copy of the order be handed over the Mr. Ravi Prakash Mehrotra, learned
2 standing counsel for the State of Uttar Pradesh who shall intimate the concerned Jailor. Additionally, Registry of this Court is directed to intimate the Jailor, District Jail, Ghaziabad so that he shall remain present along with the record pertaining to the petitioner. Call on the date fixed. (Gulshan Kumar Arora) (H.S. Parasher) Court Master Court Master
SECTION-II IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL MISCELLANEOUS PETITION NOS. 10968 & 10969 OF 2016 [Application for Juvenility u/s 9(2) of Juvenile Justice (Care & Protection of Children) Act, 2015 & exemption from filing official translation] IN PETITION FOR SPECIAL LEAVE TO APPEAL(CRL.) NO. 3706 OF 2016 Bobby @ Rajkumar Lodged in Central Jail, Agra ...Petitioner(s) VERSUS State of Uttar Pradesh ... Respondent(s) OFFICE REPORT (IN DISMISSED MATTER) The Special Leave Petition above mentioned alongwith application for Juvenility u/s 7A of Juvenile Justice (Care & Protection of Children) Act, 2000 was listed before the Hon'ble Court on 29 th April, 2016 when the Court was pleased to pass the following order: “The special leave petition is dismissed on the ground of limitation.” It is submitted that upon dismissal of the Special Leave Petition on the ground of limitation, the Counsel for the Petitioner has on 3 rd June, 2016 filed an application for Juvenility u/s 9(2) r/w Section 18 and Section 94 of Juvenile Justice (Care & Protection of Children) Act, 2015 alongwith application for exemption from filing official translation (in the form of paper books). S aid application have been registered as Crl.M.P.Nos. 10968 & 10969 of 2016 respectively. The applications above mentioned in the above dismissed matter are listed before the Hon'ble Court with this office report. DATED this the 20 th day of July, 2016. ASSISTANT REGISTRAR
COPY TO: Mrs. B. Sunita Rao, Advocate C4/dk ASSISTANT REGISTRAR
& ITEM NO.16 COURT NO.4 SECTION II S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS CRLMP.NOS. 10968/2016 & 10969/2016 in Petition(s) for Special Leave to Appeal (Crl.) No(s). 3706/2016 (Arising out of impugned final judgment and order dated 28/03/2007 in CRLA No. 3502/2005 passed by the High Court of Judicature at Allahabad) BOBBY @ RAJKUMAR LODGED IN CENTRAL JAIL AGRA Petitioner(s) VERSUS STATE OF U.P Respondent(s) (appln. for juvenility u/s 9(2) of Juvenile Justice (Care & Protection of Children) act, 2015 and exemption from filing O.T. and office report) Date : 16/08/2016 This application was called on for hearing today. CORAM : HON'BLE MR. JUSTICE DIPAK MISRA HON'BLE MR. JUSTICE UDAY UMESH LALIT For Petitioner(s) Mr. N.M. Popli, Adv. Mr. Anurag, Adv. Mrs. B. Sunita Rao, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Heard Mr. N.M. Popli, learned counsel for the petitioner. He has drawn our attention to page 13, wherefrom it is evident that the Jailor, District Jail, Ghaziabad has given the certificate pursuant to the Right to Information made by the petitioner.Signature Not VerifiedDigitally signed byGULSHAN KUMARARORADate: 2016.08.1616:29:21 ISTReason: In view of the aforesaid, we direct the Jailor, District Jail, Ghaziabad to remain personally present on 6.9.2016. A copy of the order be handed over the Mr. Ravi Prakash Mehrotra, learned 2standing counsel for the State of Uttar Pradesh who shall intimatethe concerned Jailor. Additionally, Registry of this Court isdirected to intimate the Jailor, District Jail, Ghaziabad so thathe shall remain present along with the record pertaining to thepetitioner.
Call on the date fixed. (Gulshan Kumar Arora) (H.S. Parasher) Court Master Court Master
ITEM NO.37 COURT NO.4 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.)...... CRLMP No(s). 7317/2016 (Arising out of impugned final judgment and order dated 28/03/2007 in CRLA No. 3502/2005 passed by the High Court Of Judicature at Allahabad) BOBBY @ RAJKUMAR LODGED IN CENTRAL JAIL AGRA Petitioner(s) VERSUS STATE OF U.P Respondent(s) (with appln. (s) for c/delay in filing SLP and c/delay in refiling SLP) Date : 29/04/2016 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE DIPAK MISRA HON'BLE MR. JUSTICE SHIVA KIRTI SINGH For Petitioner(s) Mr. N.M. Popli, Adv. Mr. Anurag, Adv. Mrs. B. Sunita Rao, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R The special leave petition is dismissed on the ground of limitation. (Gulshan Kumar Arora) (H.S. Parasher) Court Master Court Master
Listed on : . .2016 Court No. : Item : SECTION-II IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL MISCELLANEOUS PETITION NOS. 7317 & 7319 OF 2016 (Applications for condonation of delay in filing & re-filing the Special Leave Petition) IN PETITION FOR SPECIAL LEAVE TO APPEAL(CRL.) NO. OF 2016 Bobby @ Rajkumar ...Petitioner(s) VERSUS State of Uttar Pradesh ... Respondent(s) OFFICE REPORT The matter above mentioned has been filed by Mrs. B. Sunita Rao, Advocate on behalf of Petitioner against the Judgment and Order dated 28 th March, 2007 of the High Court of Judicature at Allahabad, Uttar Pradesh in Criminal Appeal No. 3502 of 2005. It is submitted that there is total delay of 3193 days in filing and re-filing the Special Leave Petition i.e. 3188 days in filing and 5 days in re-filing the Special Leave Petition and Counsel for the Petitioner has filed applications for condonation of delay in filing and re-filing the same. It is further submitted that SLP (Crl.) No. 4904 of 2009 arising out of common order was dismissed by this Hon'ble Court on 17 th July, 2009. Copy of Record of Proceedings dated 17 th July, 2009 is enclosed herewith for kind perusal of the Hon'ble Court. The applications above mentioned are listed before the Hon'ble Court with this office report. DATED this the 25th day of April, 2016. Sd/- ASSISTANT REGISTRAR COPY TO: Mrs. B. Sunita Rao, Advocate 201, C.K. Daphtary Block, S.C.I. C4/dk ASSISTANT REGISTRAR
^ITEM NO.37 COURT NO.4 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.)...... CRLMP No(s). 7317/2016(Arising out of impugned final judgment and order dated 28/03/2007in CRLA No. 3502/2005 passed by the High Court Of Judicature at Allahabad)BOBBY @ RAJKUMAR LODGED IN CENTRAL JAIL AGRA Petitioner(s) VERSUSSTATE OF U.P Respondent(s)(with appln. (s) for c/delay in filing SLP and c/delay in refiling SLP)Date : 29/04/2016 This petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE DIPAK MISRA HON'BLE MR. JUSTICE SHIVA KIRTI SINGHFor Petitioner(s) Mr. N.M. Popli, Adv.Mr. Anurag, Adv.Mrs. B. Sunita Rao, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E RThe special leave petition is dismissed on the ground oflimitation.(Gulshan Kumar Arora) (H.S. Parasher) Court Master Court Master