1 IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO(S).324/2021 ARFAD ABDUL AZIZ PATEL & ANR. Appellant(s) VERSUS NOOR AAMAD @ MOHMADNUR HUSEN SUBHEDAR & ANR. Respondent(s) WITH CRIMINAL APPEAL NO(S).325/2021 CRIMINAL APPEAL NO(S).308/2021 O R D E R Heard Mr. S. Nagamuthu, learned Senior Counsel for the appellant and also heard Mr. Atul Babasaheb Dakh, learned counsel for the complainant in all the three appeals. 2. The appeal being Appeal No.1314/2014 preferred by the accused has been partly allowed by the High Court and the case has been converted from 302 to that of culpable homicide not amounting to murder under Section 304 (II) IPC. The State’s appeal and the complainant’s appeal are against the said order of the High Court. 3. The brief facts of the case are that at about 10:30 PM on 06.05.2012 when the complainant, PW 1 Arfad Abdul Aziz Patel and his brother Ashpak Abdul Ajij (PW 3) were walking out side they saw Zahir on a black colour Pulser motorcycle which was being chased by a Silver colour Maruti Zen car and was
2 subsequently hit by the car. Zahir fell down from his motorcycle and the four persons viz (i) Husenmiya Alimiya Subhedar (ii) Noor Aamad @ Mohmadnur Husen Subhedar, (iii) Dastagir Husenmiya Subhedar and (iv) Mohd. Hanif Husenmiya Subhedar, came out of the Maruti Car. They all were armed with sharp edged weapons, with which they stabbed Zahir one by one. The two eye-witnesses to the incident PW 1 and PW 3 thereafter ran away as they were also threatened by the accused. And, when they returned they were told that the deceased was taken to the hospital by his brother, where he was declared dead. The post mortem was conducted where 17 ante mortem injuries were found on the body of the deceased, which are as follows:- “1) Stab wound over manubrium sterni 1.5 cm. X 2 cm. 2) Fracture manubrium sterni. 3) Stab wound over left inframammry region 1 cm. open in visceral cavity. 4) Rupture left lung with collection of blood in cavity. 5) Stab wound below left costal margin 1 cm. x 7 cm. 6) Stab wound over abdomen below umbilicus 1 cm. X 5 cm. 7) Incised wound over left mammary region 2 cm. x 0.25 cm. 8) Incised wound below left cheek 8 cm. X 0.25 cm. 9) Stab wound over left side of neck 4 cm. x 8 cm. with cutting of large vessels under it; profuse bleeding noted 10) Laceration of skin over left shoulder joint 8 cm. x 3 cm. 11) Laceration of skin over left wrist joint 3 cm. x2 cm. 12) Incised wound over right forearm 1 cm. x 0.25 cm. ventral aspect. 13) Incised would over right wrist joint ulnar aspect 5 cm. x 2 cm. 14) Abrasion over right elbow joint 5 cm. in length. 15) Multiple abrasion over forehead 5 cm. maximum and 1 cm. minimum length. 16) Perforation of stomach at pyloric region blood clot seen at
3 perforation. 17) Haematoma over occipital region with intra cranial haemorrhage” 4. We would not like to go or even describe or to even express any kind of opinion on the evidence which has been placed by the Prosecution before the Trial Court, but sufficient will it be to say that the Trial Court convicted Noor Aamad @ Mohmadnur Husen Subhedar (hereinafter referred to as “Noor”) under Section 302 IPC, but the rest of the three accused were acquitted. Noor filed an appeal before the High Court. Where the High Court has converted the finding from that of murder under Section 302 to that culpable homicide not amounting to murder under Section 304 (II) and sentenced to him for six years of rigorous imprisonment. 5. Meanwhile, the complainant has filed appeal against acquittal of the remaining accused. We are told that the State has not filed any appeal (so much for the conduct of the State in this matter). Even here before this Court, there is no counsel representing the State to argue the case. 6. Having heard the matter in detail, we are of the opinion that the appeal against acquittal which is presently pending before the High Court ought to have been heard together with the present appeal in which the sentence of conviction has been changed from 302 to that of 304 (II) of one of the accused who was convicted under Section 302 of IPC. In fact, there is an order of the High Court dated 25.02.2014 in Criminal Appeal No.75 of 2014, which is handed over by the counsel in the Court
4 and the same is made part of the Court record. The order reads as under:- 1. This is an appeal under section 372 of the Code of Criminal procedure filed by the appellants who challenge the part of the judgment of the Addl. Sessions Judge, Raigad, Alibad dated 10 th December 2013 in Sessions Case No.105 of 2012 acquitting original accused nos.2 and 4 for offences punishable under Section 302, 506-II read with section 34 of Indian Penal Code. 2. We have heard Shri S.V. Kotwal, learned counsel for the appellants with whose assistance we have perused the findings recorded by the trial court. We have also perused the depositions of the witnesses. 3. We, accordingly, admit this Appeal. Mrs. S. D. Shinde learned APP accepts notice of admission of Appeal on behalf of the respondent No.1. Mr. Shantanu Phanse, counsel accepts notice of admission of Appeal on behalf of respondent No.2 to 4. This Appeal to be heard along with Criminal Appeal No.1314 of 2013.” 7. This is what was stated in the order in the Criminal Appeal No.75 of 2014 that “This Appeal to be heard along with Criminal Appeal No.1314 of 2013”. For reasons, we are not aware this was not done and only the Criminal Appeal No.1314/2013 was decided separately and the Trial Court’s finding was converted from Section 302 to 304 (II), which is now before us today. 8. Under these circumstances, we deem it fit and proper to set aside the order of the High Court, without expressing any opinion on the merit of the case and remand the matter back to the High Court for fresh appraisal along with the Criminal Appeal No.75/2014. 9. The Present appellant (Noor Aamad @ Mohmadnur Husen Subhedar) shall be present before the High Court and seek bail
5 afresh. We leave it to discretion of the High Court to grant him bail or refuse the bail. But we have been informed that the sentence imposed by the High Court has already been undergone. Under the circumstances, we also request the High Court to expedite the matter so that the both the appeals be heard together. Original records be sent back to the High Court. We also make it clear that Noor Aamad @ Mohmadnur Husen Subhedar shall be present on each and every date of hearing and so will the other accused. In case they are not present, appropriate action be taken. 10. The appeals are disposed of in terms of the above order along with other pending applications. ....................... J. [ SUDHANSHU DHULIA ] ....................... J. [ AHSANUDDIN AMANULLAH ] NEW DELHI; FEBRUARY 06, 2025.
6 ITEM NO.103 COURT NO.12 SECTION II-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Criminal Appeal No(s).324/2021 ARFAD ABDUL AZIZ PATEL & ANR. Appellant(s) VERSUS NOOR AAMAD @ MOHMADNUR HUSEN SUBHEDAR & ANR. Respondent(s) COMMON ORIGINAL RECORD RECEIVED. WITH Crl.A. No. 325/2021 (II-A) Crl.A. No. 308/2021 (II-A) IA FOR PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES ON IA 5329/2020 IA No. 5329/2020 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES Date : 06-02-2025 These appeals were called on for hearing today. CORAM : HON'BLE MR. JUSTICE SUDHANSHU DHULIA HON'BLE MR. JUSTICE AHSANUDDIN AMANULLAH For Appellant(s) : Mr. Aaditya Aniruddha Pande, AOR Mr. Siddharth Dharmadhikari, Adv. Mr. Bharat Bagla, Adv. Mr. Sourav Singh, Adv. Mr. Atul Babasaheb Dakh, AOR Mr. Siddharth Shinde, Adv. Mr. Bitu Kumar Singh, Adv. Mr. Shivaji M. Jadhav, AOR Mr. S. Nagamuthu, Sr. Adv. Mr. Shivaji M. Jadhav, Adv. Mr. Brij Kishor Sah, Adv. Mr. Adarsh Kumar Pandey, Adv. Mr. Vignesh Singh, Adv. Mr. Aditya S. Jadhav, Adv. For Respondent(s) : M/S. S.M. Jadhav And Company, AOR
7 Mr. Aaditya Aniruddha Pande, AOR Mr. Siddharth Dharmadhikari, Adv. Mr. Bharat Bagla, Adv. Mr. Sourav Singh, Adv. UPON hearing the counsel, the Court made the following O R D E R The appeals are disposed of in terms of the signed order. Pending application(s), if any, stand closed. (DEEPAK JOSHI) (RENU BALA GAMBHIR) ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR (Signed Order is placed on the File)
1 ITEM NO.109 COURT NO.13 SECTION II-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Criminal Appeal No(s). 324/2021 ARFAD ABDUL AZIZ PATEL & ANR. Appellant(s) VERSUS NOOR AAMAD @ MOHMADNUR HUSEN SUBHEDAR & ANR. Respondent(s) WITH Crl.A. No. 325/2021 (II-A) Crl.A. No. 308/2021 (II-A) IA FOR PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES ON IA 5329/2020, IA No. 5329/2020 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES Date : 30-01-2025 These appeals were called on for hearing today. CORAM : HON'BLE MR. JUSTICE SUDHANSHU DHULIA HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA Counsel for the parties Mr. S. Nagamuthu, Sr. Adv. Mr. Shivaji M. Jadhav, Adv. Mr. Brij Kishor Sah, Adv. Mr. Adarsh Kumar Pandey, Adv. Mr. Vignesh Singh, Adv. Mr. Aditya S. Jadhav, Adv. Mr. Rohan Wadhwa, Adv. Mr. Tushar Panwar, Adv. Mr. Shivaji M. Jadhav, AOR Mr. Siddharth Dharmadhikari, Adv. Mr. Aaditya Aniruddha Pande, AOR Mr. Bharat Bagla, Adv. Mr. Aditya Krishna, Adv. Ms. Preet S. Phanse, Adv. Mr. Adarsh Dubey, Adv. Mr. Atul Babasaheb Dakh, AOR Mr. Siddharth Shinde, Adv. Mr. Bitu Kumar Singh, Adv. Mr. Aaditya Aniruddha Pande, AOR
2 UPON hearing the counsel the Court made the following O R D E R The Original Record has been received by the Registry. Let a soft copy of the record be supplied to the learned counsel for the parties. A hard copy of the record be prepared in the form of a paperbook and be placed along with the matter on or before 04.02.2025. Re-list the matter on 06.02.2025. (JAYANT KUMAR ARORA) (MAMTA RANI) ASST. REGISTRAR-CUM-PS COURT MASTER
ITEM NO.7 Court 11 (Video Conferencing) SECTION II-A 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). 3125/2017 (Arising out of impugned final judgment and order dated 22-02-2017 in CRLA No. 1314/2013 passed by the High Court of Judicature at Bombay) ARFAD ABDUL AZIZ PATEL & ANR. Petitioner(s) VERSUS NOOR AAMAD @ MOHMADNUR HUSEN SUBHEDAR & ANR. Respondent(s) WITH SLP(Crl) No. 8892/2018 (II-A) SLP(Crl) No. 343/2020 (II-A) (IA No.1243/2020-CONDONATION OF DELAY IN FILING and IA No.1244/2020-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.1245/2020-EXEMPTION FROM FILING O.T.) Date : 10-03-2021 These petitions were called on for hearing today. CORAM : HON'BLE MR. JUSTICE NAVIN SINHA HON'BLE MR. JUSTICE KRISHNA MURARI For Petitioner(s) Mr. S. Nagamuthu, Sr. Adv. Mr. Shivaji M. Jadhav, AOR Mr. Amin Solkar,Adv. Ms. Qurratulain, Adv. Mr. Brij Kishor Sah, Adv. Mr. Aditya S. Jadhav, Adv. Mr. Nicholas Choudhury, Adv. Mr. Sachin Patil, AOR Mr. Rahul Chitnis, Adv. Mr. Aaditya A. Pande, Adv. Mr. Geo Joseph, Adv. Mr. Atul Babasaheb Dakh, AOR For Respondent(s) M/S. S.M. Jadhav And Company, AOR Mr. Sachin Patil, AOR UPON hearing the counsel the Court made the following O R D E R Leave granted. (RAJNI MUKHI) (DIPTI KHURANA) COURT MASTER (SH) COURT MASTER (NSH)
ITEM NO.14+21 COURT NO.13 SECTION II-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS SPECIAL LEAVE PETITION (CRIMINAL)..... Diary No(s).43798/2019 (Arising out of impugned final judgment and order dated 22-02-2017 in CRLA No.1314/2013 passed by the High Court Of Judicature At Bombay) NOOR AAMAD @ MOHMADNUR HUSEN SUBHEDAR Petitioner(s) VERSUS THE STATE OF MAHARASHTRA & ORS. Respondent(s) (IA No.1243/2020-CONDONATION OF DELAY IN FILING and IA No.1244/2020-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.1245/2020-EXEMPTION FROM FILING O.T.) WITH SLP(Crl.) No.3125/2017 SLP(Crl.) No.8892/2018 Date : 13-01-2020 These petitions were called on for hearing today. CORAM : HON'BLE MR. JUSTICE NAVIN SINHA HON'BLE MR. JUSTICE KRISHNA MURARI for petitioner(s): Mr. Huzefa Ahmadi, sr. Adv. Mr. Shivaji M. Jadhav, AOR Mr. Aditya P. Khanna, Adv. Mr. Nicholas Choudhury, Adv. Mr. Brij Kishor Sah, Adv. Mr. Atul Babasaheb Dakh, AOR Mr. Mahesh Tiwari, Adv. for respondent(s): Mr. Rahul Chitnis, Adv. Mr. Aaditya A. Pande, Adv. Mr. S. Nagamuthu, Sr. Adv. Mr. Shivaji M. Jadhav, AOR Mr. Aditya P. Khanna, Adv. Mr. Nicholas Choudhury, Adv. Mr. Brij Kishor Sah, Adv. UPON hearing the counsel the Court made the following 1
O R D E R Diary No.43798/2019 Delay condoned. Issue notice. Mr. Rahul Chitnis, learned counsel, accepts notice on behalf of the State. Tag with SLP(Crl.) No.3125/2017 and SLP(Crl.) No.8892/2018. List on a non-miscellaneous in the last week of March, 2020. (ARJUN BISHT) (DIPTI KHURANA) COURT MASTER (SH) COURT MASTER (NSH) 2
ITEM NO.38 COURT NO.13 SECTION II-A 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). 3125/2017 (Arising out of impugned final judgment and order dated 22-02-2017 in CRLA No. 1314/2013 passed by the High Court Of Judicature At Bombay) ARFAD ABDUL AZIZ PATEL & ANR. Petitioner(s) VERSUS NOOR AAMAD @ MOHMADNUR HUSEN SUBHEDAR & ANR. Respondent(s) WITH SLP(Crl) No. 8892/2018 (II-A) Date : 02-12-2019 These petitions were called on for hearing today. CORAM : HON'BLE MR. JUSTICE NAVIN SINHA HON'BLE MR. JUSTICE KRISHNA MURARI For Petitioner(s) Mr. Nishant Ramakantrao Katneshwarkar, AOR Mr. Atul Babasaheb Dakh, AOR For Respondent(s) M/S. S.m. Jadhav And Company, AOR Mr. Nishant Ramakantrao Katneshwarkar, AOR UPON hearing the counsel the Court made the following O R D E R In view of the letter circulated by learned counsel appearing for the respondent no.1 to adjourn the matter on personal ground, matter is adjourned. As prayed, list on 13 th January, 2020. It is made clear that no further adjournment shall be granted on any ground. (NEELAM GULATI) (DIPTI KHURANA) COURT MASTER (SH) COURT MASTER (NSH)
ITEM NO.17 COURT NO.1 SECTION II-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS SPECIAL LEAVE PETITION (CRIMINAL) NO(S)…………………../2018 DIARY NO(S). 20885/2018 (ARISING OUT OF IMPUGNED FINAL JUDGMENT AND ORDER DATED 22-02-2017 IN CRLA NO. 1314/2013 PASSED BY THE HIGH COURT OF JUDICATURE AT BOMBAY) THE STATE OF MAHARASHTRA PETITIONER(S) VERSUS NOOR AAMAD @ MOHMADNUR HUSEN SUBHEDAR & ORS. RESPONDENT(S) (FOR ADMISSION AND I.R. AND IA NO.139101/2018-CONDONATION OF DELAY IN FILING AND IA NO.139104/2018-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT AND IA NO.139102/2018-EXEMPTION FROM FILING O.T. AND IA NO.139100/2018-CONDONATION OF DELAY IN REFILING) Date : 08-10-2018 This petition was called on for hearing today. CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE K.M. JOSEPH For Petitioner(s) Mr. Nishant Ramakantrao Katneshwarkar, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Heard the learned counsel for the petitioner and perused the relevant material. Delay condoned. Exemption from filing certified copy of the impugned order and O.T. is granted. Issue notice. Tag with Special Leave Petition (Criminal) No.3125 of 2017. [VINOD LAKHINA] [ASHA SONI] AR-cum-PS ASSISTANT REGISTRAR
ITEM NO.35 COURT NO.2 SECTION II-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition for Special Leave to Appeal (Crl.) No.3125/2017 (Arising out of impugned final judgment and order dated 22-02-2017 in CRLA No.1314/2013 passed by the High Court of Judicature at Bombay) ARFAD ABDUL AZIZ PATEL & ANR. Petitioner(s) VERSUS NOOR AAMAD @ MOHMADNUR HUSEN SUBHEDAR & ANR. Respondent(s) Date : 27-08-2018 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE RANJAN GOGOI HON'BLE MR. JUSTICE NAVIN SINHA HON'BLE MR. JUSTICE K.M. JOSEPH For Petitioner(s) Mr. Atul Babasaheb Dakh, AOR For Respondent(s) M/S. S.M. Jadhav & Company, AOR UPON hearing the counsel the Court made the following O R D E R Perused the letter circulated by learned counsel for the respondent(s). List the matter after four weeks to enable the learned counsel for the respondent(s) to file counter affidavit. (POOJA ARORA) (ASHA SONI) COURT MASTER BRANCH OFFICER
ITEM NO.44 COURT NO.3 SECTION II-A 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). 3125/2017 (ARISING OUT OF IMPUGNED FINAL JUDGMENT AND ORDER DATED 22-02-2017 IN CRLA NO. 1314/2013 PASSED BY THE HIGH COURT OF JUDICATURE AT BOMBAY) ARFAD ABDUL AZIZ PATEL & ANR. PETITIONER(S) VERSUS NOOR AAMAD @ MOHMADNUR HUSEN SUBHEDAR & ANR. RESPONDENT(S) Date : 04-05-2018 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE RANJAN GOGOI HON'BLE MRS. JUSTICE R. BANUMATHI For Petitioner(s) Mr. Atul Babasaheb Dakh, AOR For Respondent(s) Mr. Shivaji M. Jadhav, Adv. Ms. Astha Deep, Adv. Mr. Brij Kishor Sah, Adv. Mr. Nicholas Choudhury, Adv. Mr. Amit B. Thorat, Adv. for M/s. S.M. Jadhav And Company, AOR UPON hearing the counsel the Court made the following O R D E R Perused the letter circulated by the learned counsel for the respondent No.1. List the matter after four weeks. [VINOD LAKHINA] [ASHA SONI] AR-cum-PS BRANCH OFFICER
ITEM NO.13 REGISTRAR COURT. 2 SECTION II-A 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. SANJAY PARIHAR Petition(s) for Special Leave to Appeal (Crl.) No(s). 3125/2017 ARFAD ABDUL AZIZ PATEL & ANR. Petitioner(s) VERSUS NOOR AAMAD @ MOHMADNUR HUSEN SUBHEDAR & ANR. Respondent(s) Date : 27-11-2017 This petition was called on for hearing today. For Petitioner(s) Mr. Atul Babasaheb Dakh, AOR For Respondent(s) Ms. Astha Deep,Adv. M/S. S.M. Jadhav And Company, AOR UPON hearing the counsel the Court made the following O R D E R Ld. Counsel for the respondent No.1 has failed to file the counter affidavit within the period stipulated under the rules. S ervice of notice is complete on the respondent No.2 but no one has entered appearance on his behalf. Viewed, in that context, the matter shall be processed for listing before the Hon'ble Court, under the rules. SANJAY PARIHAR Registrar MG
ITEM NO.9 REGISTRAR COURT. 2 SECTION II-A 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. SANJAY PARIHAR Petition(s) for Special Leave to Appeal (Crl.) No(s). 3125/2017 ARFAD ABDUL AZIZ PATEL & ANR. Petitioner(s) VERSUS NOOR AAMAD @ MOHMADNUR HUSEN SUBHEDAR & ANR. Respondent(s) Date : 23-08-2017 This petition was called on for hearing today. For Petitioner(s) Mr.Atul Babasaheb Dakh, AOR For Respondent(s) Mr.K. N. Rai, AOR Mr.Shivaji M.Jadhav,Adv. Mr.Amit B.Adv. UPON hearing the counsel the Court made the following O R D E R Service of notice is complete on the respondent No.2, but no one has entered appearance on his behalf. Four weeks time as last chance is given to the respondent No.1 to file the counter affidavit. List the matter again on 11.10.2017. SANJAY PARIHAR Registrar SB
ITEM NO.3 REGISTRAR COURT. 1 SECTION II-A 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. RAJESH KUMAR GOEL Petition(s) for Special Leave to Appeal (Crl.) No(s). 3125/2017 ARFAD ABDUL AZIZ PATEL & ANR. Petitioner(s) VERSUS NOOR AAMAD @ MOHMADNUR HUSEN SUBHEDAR & ANR. Respondent(s) Date : 24-07-2017 This petition was called on for hearing today. For Petitioner(s) Mr. Atul Babasaheb Dakh, AOR For Respondent(s) Mr. Sushil Karanjkar,Adv. Mr. K.N. Rai, AOR UPON hearing the counsel the Court made the following O R D E R Respondent No. 2 has been served, but none has entered appearance. Four weeks' time is granted to respondent No. 1 to file the counter affidavit. List again on 23 rd of August, 2017. RAJESH KUMAR GOEL Registrar
ITEM NO.5 COURT NO.4 SECTION IIA 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).3125/2017 (Arising out of impugned final judgment and order dated 22/02/2017 in CRLA No. 1314/2013 passed by the High Court of Bombay) ARFAD ABDUL AZIZ PATEL AND ANR Petitioner(s) VERSUS NOOR AAMAD @ MOHMADNUR HUSEN SUBHEDAR AND ANR Respondent(s) (With appln. (s) for exemption from filing c/c of the impugned judgment and interim relief) Date : 04/05/2017 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE RANJAN GOGOI HON'BLE MR. JUSTICE NAVIN SINHA For Petitioner(s) Mr. Atul Babasaheb Dakh,Adv. For Respondent(s) Mr. R. Basant, Sr. Adv. Mr. Sushil Karanjkar, Adv. Mr. K. N. Rai,Adv. UPON hearing the counsel the Court made the following O R D E R Heard the learned counsel for the petitioner and perused the relevant material. Application for exemption from filing certified copy of the impugned order is allowed. Issue notice. Mr. K.N. Rai, learned counsel, accepts notice on behalf of respondent No.1. (Neetu Khajuria) Court Master (Asha Soni) Court Master
ITEM NO.5 COURT NO.4 SECTION IIA 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).3125/2017(Arising out of impugned final judgment and order dated 22/02/2017in CRLA No. 1314/2013 passed by the High Court of Bombay)ARFAD ABDUL AZIZ PATEL AND ANR Petitioner(s) VERSUSNOOR AAMAD @ MOHMADNUR HUSEN SUBHEDAR AND ANR Respondent(s)(With appln. (s) for exemption from filing c/c of the impugnedjudgment and interim relief)Date : 04/05/2017 This petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE RANJAN GOGOI HON'BLE MR. JUSTICE NAVIN SINHAFor Petitioner(s) Mr. Atul Babasaheb Dakh,Adv.For Respondent(s) Mr. R. Basant, Sr. Adv.Mr. Sushil Karanjkar, Adv. Mr. K. N. Rai,Adv. UPON hearing the counsel the Court made the following O R D E RHeard the learned counsel for the petitioner andperused the relevant material. Application for exemption from filing certifiedcopy of the impugned order is allowed. Issue notice. Mr. K.N. Rai, learned counsel, accepts notice onbehalf of respondent No.1.(Neetu Khajuria)Court Master (Asha Soni)Court Master