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MADARI SINGH ALIAS SHIV SHANKAR SINGH v. THE STATE OF UTTAR PRADESH

Supreme Court of India | Diary 10219/2022

Status

ROP - of Main Case

Decided On

21-08-2023

Bench

HON'BLE MR. JUSTICE J.K. MAHESHWARI and HON'BLE MR. JUSTICE K.V. VISWANATHAN

Petitioner

MADARI SINGH ALIAS SHIV SHANKAR SINGH

Respondent

THE STATE OF UTTAR PRADESH

Primary Holding

Once prosecution evidence has commenced at trial, it is not appropriate for a superior court to adjudicate a challenge to rejection of a discharge application; the trial court must conclude proceedings uninfluenced by any prior High Court observations.

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Full Judgment Text

1 ITEM NO.40 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). 3378/2022 (Arising out of impugned final judgment and order dated 26-11-2021 in U/S 482/378/407 No. 4829/2021 passed by the High Court Of Judicature At Allahabad, Lucknow Bench) MADARI SINGH ALIAS SHIV SHANKAR SINGH Petitioner(s) VERSUS THE STATE OF UTTAR PRADESH & ANR. Respondent(s) (IA No. 53152/2022 - EXEMPTION FROM FILING O.T.) WITH SLP(Crl) No. 5293/2022 (II) (FOR ADMISSION and I.R. and IA No.80334/2022-EXEMPTION FROM FILING O.T.) Date : 21-08-2023 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE J.K. MAHESHWARI HON'BLE MR. JUSTICE K.V. VISWANATHAN For Petitioner(s) Mr. Pramod Swarup, Sr. Adv. Ms. Pareena Swarup, Adv. Mr. Ameet Siingh, Adv. Ms. Payal Swarup, Adv. Mr. Ravi Kumar, Adv. Mr. Rajat Deep Sharma, Adv. Ms. Pratishtha Majumdar, Adv. Mr. Devesh Maurya, Adv. Mr. Shashank Singh, Adv. Mr. Manoj Kumar Rajput, Adv. Mr. Praveen Swarup, AOR For Respondent(s) Mr. Ardhndhumauli Kumar Prasad, A.A.G. Mr. Adarsh Upadhyay, AOR Ms. Sakshi Kakkar, Adv. Mrs. Mansa Singh, Adv. Ms. Pallavi Kumari, Adv. Mr. Md. Azam Ansari, AOR Mr. N U Ahmed, Adv. Ms. Sukrana Akhtar Choudhury, Adv. Mr. Md. Ashfaque Ansari, Adv.

2 Mr. P. A. Gogoi, Adv. Mr. Mohd. Shahnawaz Alam, Adv. UPON hearing the counsel the Court made the following O R D E R SLP (Crl.) No. 3378 of 2022 has been filed by the petitioner - Madari Singh challenging the impugned order dated 26.11.2021 passed by the High Court rejecting the application for discharge by the Sessions Court on 24.03.2021, whereas SLP (Crl.) No. 5293 of 2022 has been filed by Rakesh Singh (who is the son of petitioner Madari Singh in SLP (Crl.) No. 3378 of 2022) challenging the impugned order dated 01.04.2022 passed by the High Court rejecting to quash the order passed by the Sessions Court on 15.02.2021. While issuing notice on 22.04.2022 (in SLP (Crl.) No. 3378/2022) and on 11.07.2022 (in SLP (Crl.) No. 5293/2022, this Court directed that no coercive action shall be taken against the petitioners in connection with FIR No. 127/2003 registered at Police Station Hasanganj, Dist. Unnao, Uttar Pradesh. The said orders are in operation from the last about 16 and 13 months respectively. During the course of hearing, it was brought to our notice that the trial is in progress and some evidence has been recorded in the trial. Considering the aforesaid, it would not be justifiable to decide the issue whether rejection of application for discharge was correct or not, in particular, when prosecution evidence has been started. Therefore, we are of the view that the trial, which is started, be now concluded within a period of nine months and the orders passed by this Court on 22.04.2022 (in SLP

3 (Crl.) No. 3378/2022) and on 11.07.2022 (in SLP (Crl.) No. 5293/2022 are made absolute, with a direction that the petitioners shall appear before the trial court within two weeks from today. On such appearance, they shall be released on Regular bail on such terms and conditions as deemed fit and on furnishing the bail bonds and surety before the trial court as directed. The petitioners have agreed that they shall cooperate for the expeditious disposal of the trial and shall not take unnecessary adjournments in the trial court. Needless to observe that this Court has not expressed any opinion on the merits of the case. Therefore, the trial court shall conclude the trial on the basis of the evidence brought on record, uninfluenced by the order impugned passed by the High Court. In view of foregoing, these Special Leave Petitions are disposed of. Pending interlocutory application(s), if any, is/are disposed of. (JAYANT KUMAR ARORA) (VIRENDER SINGH) ASTT. REGISTRAR-cum-PS BRANCH OFFICER

ITEM NO.42 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. 3378/2022 (Arising out of impugned final judgment and order dated 26-11-2021 in U/S 482/378/407 No. 4829/2021 passed by the High Court of Judicature at Allahabad, Lucknow Bench) MADARI SINGH ALIAS SHIV SHANKAR SINGH Petitioner(s) VERSUS THE STATE OF UTTAR PRADESH & ANR. Respondent(s) (IA No. 53152/2022 - EXEMPTION FROM FILING O.T.) WITH SLP(Crl) No. 5293/2022 (II) (FOR ADMISSION and I.R. and IA No.80334/2022-EXEMPTION FROM FILING O.T.) Date : 31-07-2023 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE J.K. MAHESHWARI HON'BLE MR. JUSTICE K.V. VISWANATHAN For Petitioner(s) Mr. Pramod Swarup, Sr. Adv. Ms. Pareena Swarup, Adv. Mr. Ameet Siingh, Adv. Ms. Payal Swarup, Adv. Mr. R.k. Singh, Adv. Mr. Vivek Verma, Adv. Mr. Devesh Maurya, Adv. Mr. Praveen Swarup, AOR For Respondent(s) Ms. Sakshi Kakkar, Adv. Mr. Adarsh Upadhyay, AOR Mrs. Mansa Singh, Adv. Ms. Pallavi Kumari, Adv. Mr. Md. Azam Ansari, AOR Mr. N U Ahmed, Adv. Ms. Sukrana Aktar Choudhury, Adv. Mr. Aditiya Yadav, Adv. Mr. Md Ashfaque Ansari, Adv. 1

Mr. Md. Ashfaque Ansari, Adv. Mr. P. A. Gogoi, Adv. Mr. Mohd. Shahnawaz Alam, Adv. Mr. Dilshad Usmani, Adv. UPON hearing the counsel the Court made the following O R D E R After perusal of the counter affidavit, we want to know the present position of the trial. List on 21 st August, 2023. (NIDHI AHUJA) (VIRENDER SINGH) AR-cum-PS BRANCH OFFICER 2

1 ITEM NO.39 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 PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s). 3378/2022 (Arising out of impugned final judgment and order dated 26-11-2021 in U/S 482/378/407 No. 4829/2021 passed by the High Court Of Judicature At Allahabad, Lucknow Bench) MADARI SINGH ALIAS SHIV SHANKAR SINGH Petitioner(s) VERSUS THE STATE OF UTTAR PRADESH & ANR. Respondent(s) IA No. 53152/2022 - EXEMPTION FROM FILING O.T.) WITH SLP(Crl) No. 5293/2022 (II) (FOR ADMISSION and I.R. and IA No.80334/2022-EXEMPTION FROM FILING O.T.) Date : 05-01-2023 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE SURYA KANT HON'BLE MR. JUSTICE J.K. MAHESHWARI For Petitioner(s) Mr. Praveen Swarup, AOR For Respondent(s) Mr. Vinod Diwakar,AAG Mr. Adarsh Upadhyay, AOR Ms. Sakshi Kakkar,Adv. Mr. B.N.Dubey,Adv. Mr. Md. Azam Ansari, AOR Mr. Nazim Uddin Ahmed, Adv. Mr. Adithya Yadav, Adv. Ms. Rajni Yadav, Adv. Mr. Sukrana Akhtar Choudhary, Adv. Mr. Dilshad Usmani, Adv. Mr. Md. Ashfaque Ansari, Adv. Mr. Sukrana Aktar Choudhary, Adv. Mr. Mohd. Shahnawaz Alam, Adv. Mr. Rahul Kumar, Adv.

2 UPON hearing the counsel the Court made the following O R D E R In view of the letter circulated by the learned counsel for the petitioner(s), for adjournment of the matters to enable the petitioner(s) to file rejoinder affidavit, matters are adjourned. List after four weeks. (NEELAM GULATI) (PREETHI T.C.) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)

ITEM NO.34 COURT NO.5 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). 3378/2022 (Arising out of impugned final judgment and order dated 26-11-2021 in Case U/S 482/378/407 No. 4829/2021 passed by the High Court of Judicature at Allahabad, Lucknow Bench) MADARI SINGH ALIAS SHIV SHANKAR SINGH Petitioner(s) VERSUS STATE OF UTTAR PRADESH & ANR. Respondent(s) (IA No. 53152/2022 - EXEMPTION FROM FILING O.T.) WITH SLP(Crl) No. 5293/2022 (FOR ADMISSION and I.R. and IA No.80334/2022-EXEMPTION FROM FILING O.T.) Date : 29-07-2022 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE S. ABDUL NAZEER HON'BLE MR. JUSTICE J.K. MAHESHWARI For Petitioner(s) Mr. Praveen Swarup, AOR Ms. Pareena Swarup,Adv. Ms. Payal Swarup,Adv. Ms. Pooja Sharma,Adv. Mr. Kritagya Kumar,Adv. Mr. Kaushal Jat,Adv. For Respondent(s) Mr. Vinod Diwakar,AAG Mr. Adarsh Upadhyay, AOR Mr. B.N.Dubey,Adv. Mr. Md. Azam Ansari, AOR Mr. Nazim Uddin Ahmed,Adv. Md. Ashfaque Ansari,Adv. Md. Shahnawaz Alam,Adv. Mr. Aditya Yadav,Adv. UPON hearing the counsel the Court made the following O R D E R In view of letter circulated by learned counsel for the petitioner seeking adjournment, as prayed, four weeks' time is granted to file rejoinder affidavit. List after four weeks. (ANITA MALHOTRA) (KAMLESH RAWAT) AR-CUM-PS COURT MASTER

ITEM NO.38 COURT NO.6 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). 5293/2022 (Arising out of impugned final judgment and order dated 01-04-2022 in Appln. under/Section 482 No. 1043/2021 passed by the High Court of Judicature at Allahabad, Lucknow Bench) RAKESH SINGH Petitioner(s) VERSUS STATE OF UTTAR PRADESH & ANR. Respondent(s) (FOR ADMISSION and I.R. and IA No.80334/2022-EXEMPTION FROM FILING O.T.) Date : 11-07-2022 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE S. ABDUL NAZEER HON'BLE MR. JUSTICE J.K. MAHESHWARI For Petitioner(s) Mr. Pramod Swarup,Sr.Adv. Ms. Pareena Swarup,Adv. Ms. Pooja Sharma,Adv. Ms. Payal Swarup,Adv. Mr. Praveen Swarup, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Application for exemption from filing official translation is allowed. Issue notice. In the meanwhile, no coercive steps shall be taken against the petitioner in connection with FIR No.127/2003 dated 7th March, 2003 registered at Police Station Hasanganj, District Unnao, Uttar Pradesh. Tag with SLP(Crl.)No.3378 of 2022. (ANITA MALHOTRA) (KAMLESH RAWAT) AR-CUM-PS COURT MASTER

ITEM NO.22 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 PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s). 3378/2022 (Arising out of impugned final judgment and order dated 26-11-2021 in U/S 482/378/407 No. 4829/2021 passed by the High Court Of Judicature At Allahabad, Lucknow Bench) MADARI SINGH ALIAS SHIV SHANKAR SINGH Petitioner(s) VERSUS THE STATE OF UTTAR PRADESH & ANR. Respondent(s) (FOR ADMISSION and IA No.53152/2022-EXEMPTION FROM FILING O.T. ) Date : 22-04-2022 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE VINEET SARAN HON'BLE MR. JUSTICE J.K. MAHESHWARI For Petitioner(s) Mr. Praveen Swarup, AOR Ms. Pareena Swarup, Adv. Ms. Payal Swarup, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Issue notice, returnable in six weeks. In the meantime, no coercive action shall be taken against the petitioner in connection with FIR No.127/2003 registered with Police Station Hasanganj, District Unnao, U.P. (ARJUN BISHT) (RAM SUBHAG SINGH) (ASHWANI THAKUR) (COURT MASTER (SH) (BRANCH OFFICER) AR-CUM-PS

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