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VIJAY PRAKASH v. THE STATE OF UTTAR PRADESH POLICE STATION HOUSE OFFICER

Supreme Court of India | Diary 10232/2014

Status

ROP - of Main Case

Decided On

04-07-2017

Bench

HON'BLE MR. JUSTICE S.A. BOBDE and HON'BLE MR. JUSTICE L. NAGESWARA RAO

Petitioner

VIJAY PRAKASH

Respondent

THE STATE OF UTTAR PRADESH POLICE STATION HOUSE OFFICER

Primary Holding

A criminal appeal dismissed for want of prosecution may be restored to its original number in the interests of justice when a recall application is wrongly refused by the High Court.

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Full Judgment Text

1 IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 979 OF 2017 (Arising out of SLP(Crl.)No.4885/2014 VIJAY PRAKASH .. APPELLANT(S) VERSUS STATE OF U.P. & ORS. .. RESPONDENT(S) O R D E R 1. Leave granted. 2. This appeal is directed against the impugned order passed by the High Court of Judicature at Allahabad in Criminal Miscellaneous Recall Application No. 298935 of 2013, dated 03.12.2013, whereby application for recalling order dated 24.09.2013 passed in Criminal Miscellaneous application filed under Section 373 of Cr.P.C. (Leave to Appeal) No. 453 of 2012 dismissing the appeal for want of prosecution, was dismissed.

2 3. Having heard learned counsel for the parties and in the facts and circumstances of the case, we consider it appropriate in the interests of justice to set aside the order of the High Court refusing to restore order dated 24.09.2013. 4. The appeal is, accordingly, allowed and the appeal is restored to its original number. 5. We further request the High Court to hear the matter on merits and dispose of the same in accordance with law. ..................J . [ S.A. BOBDE ] ...................J. [ L. NAGESWARA RAO ] NEW DELHI, JULY 04, 2017.

3 ITEM NO.46 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). 4885/2014 (Arising out of impugned final judgment and order dated 03-12-2013 in CRMRA No. 298935/2013 in Crl. Misc. Application u/s 373 of Crl.P.C. (Leave to Appeal) No. 453/2012 passed by the High Court of Judicature at Allahabad) VIJAY PRAKASH Petitioner(s) VERSUS THE STATE OF UTTAR PRADESH Respondent(s) (With appln. For exmeption from filing O.T.) Date : 04-07-2017 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE S.A. BOBDE HON'BLE MR. JUSTICE L. NAGESWARA RAO For Petitioner(s) Mr. Shiv Sagar Tiwari, AOR Mr. M.S. Mangla, Adv. Mr. Kishore Mishra, Adv. For Respondent(s) Mr. Vishwajit Singh, Adv. Mr. C.D. Singh, AOR Mr. Abhijit S., Adv. Ms. Ridhima Singh, Adv. Mr. Uday Prakash Yadav, Adv. Mr. Ramjee Pandey, Adv. Mr. Kailash Chand, AOR UPON hearing the counsel the Court made the following O R D E R Leave granted. The appeal is allowed in terms of the signed order. Pending application, if any, stands disposed of. [ Charanjeet Kaur ] [ Indu Kumari Pokhriyal ] A.R.-cum-P.S. Branch Officer [ Signed order is placed on the file ]

ITEM NO.40 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).4885/2014 (Arising out of impugned final judgment and order dated 03/12/2013 in CRMRA No. 298935/2013 03/12/2013 in CRLMA No. 453/2012 passed by the High Court Of Judicature at Allahabad) VIJAY PRAKASH Petitioner(s) VERSUS STATE OF UP & ORS. Respondent(s) (With appln. (s) for exemption from filing O.T.) Date : 20/01/2017 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE S.A. BOBDE HON'BLE MR. JUSTICE L. NAGESWARA RAO For Petitioner(s) Ms. Aakanksha Tiwari, Adv. Ms. Minati Rani Mohapatra, Adv. Mr. Shiv Sagar Tiwari,Adv. For Respondent(s) Dr. Kailash Chand,Adv. (Not Present) Mr. Yoginder Handoo,Adv. Ms. Shalini Kumar, Adv. Mr. Sangam Kumar, Adv. Mr. Vikas Bansal, Adv. UPON perusing papers the Court made the following O R D E R In view of the letter circulated by Advocate-on-Record for the respondent nos.2-4 seeking adjournment on account of viral fever, list the matter after two weeks. (Sanjay Kumar-II) (Indu Pokhriyal) Court Master Court Master

ITEM NO.40 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.) No(s).4885/2014(Arising out of impugned final judgment and order dated 03/12/2013in CRMRA No. 298935/2013 03/12/2013 in CRLMA No. 453/2012 passed bythe High Court Of Judicature at Allahabad)VIJAY PRAKASH Petitioner(s) VERSUSSTATE OF UP & ORS. Respondent(s)(With appln. (s) for exemption from filing O.T.)Date : 20/01/2017 This petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE S.A. BOBDE HON'BLE MR. JUSTICE L. NAGESWARA RAOFor Petitioner(s) Ms. Aakanksha Tiwari, Adv. Ms. Minati Rani Mohapatra, Adv. Mr. Shiv Sagar Tiwari,Adv. For Respondent(s) Dr. Kailash Chand,Adv. (Not Present) Mr. Yoginder Handoo,Adv. Ms. Shalini Kumar, Adv. Mr. Sangam Kumar, Adv. Mr. Vikas Bansal, Adv. UPON perusing papers the Court made the following O R D E RIn view of the letter circulated by Advocate-on-Record for therespondent nos.2-4 seeking adjournment on account of viral fever,list the matter after two weeks. (Sanjay Kumar-II) (Indu Pokhriyal) Court Master Court Master

ITEM NO.32 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(s).4885/2014 (Arising out of impugned final judgment and order dated 03/12/2013 in CRMRA No. 298935/2013 03/12/2013 in CRLMA No. 453/2012 passed by the High Court Of Judicature at Allahabad) VIJAY PRAKASH Petitioner(s) VERSUS STATE OF UP & ORS. Respondent(s) (With appln. (s) for exemption from filing O.T.) Date : 25/11/2016 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE S.A. BOBDE HON'BLE MR. JUSTICE ASHOK BHUSHAN For Petitioner(s) Ms. Aakanksha Tiwari, Adv. Ms. Puspa Mishra, Adv. Mr. M.S. Mangla, Adv. For Mr. Shiv Sagar Tiwari,Adv. For Respondent(s) Mr. Vikas Bansal, Adv. Ms. Shalini Kumar, Adv. Mr. Yoginder Handoo, Adv. Mr. Nishant Kumar, Adv. Mr. Uday Prakash Yadav, Adv. Mr. Ramjee Pandey, Adv. Mr. Nasir Husain, Adv. Dr. Kailash Chand,Adv. UPON hearing the counsel the Court made the following O R D E R At the request of learned counsel appearing for the respondent-State, list the matter after two weeks. (Sanjay Kumar-II) (Indu Pokhriyal) Court Master Court Master

¦ITEM NO.32 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 PROCEEDINGSPetition(s) for Special Leave to Appeal (Crl.) No(s).4885/2014(Arising out of impugned final judgment and order dated 03/12/2013in CRMRA No. 298935/2013 03/12/2013 in CRLMA No. 453/2012 passed bythe High Court Of Judicature at Allahabad)VIJAY PRAKASH Petitioner(s) VERSUSSTATE OF UP & ORS. Respondent(s)(With appln. (s) for exemption from filing O.T.)Date : 25/11/2016 This petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE S.A. BOBDE HON'BLE MR. JUSTICE ASHOK BHUSHANFor Petitioner(s) Ms. Aakanksha Tiwari, Adv. Ms. Puspa Mishra, Adv. Mr. M.S. Mangla, Adv. For Mr. Shiv Sagar Tiwari,Adv. For Respondent(s) Mr. Vikas Bansal, Adv. Ms. Shalini Kumar, Adv. Mr. Yoginder Handoo, Adv.Mr. Nishant Kumar, Adv. Mr. Uday Prakash Yadav, Adv. Mr. Ramjee Pandey, Adv. Mr. Nasir Husain, Adv. Dr. Kailash Chand,Adv. UPON hearing the counsel the Court made the following O R D E RAt the request of learned counsel appearing for therespondent-State, list the matter after two weeks. (Sanjay Kumar-II) (Indu Pokhriyal) Court Master Court Master

ITEM NO.42 COURT NO.12 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).4885/2014 (Arising out of impugned final judgment and order dated 03/12/2013 in CRMRA No. 298935/2013 03/12/2013 in CRLMA No. 453/2012 passed by the High Court Of Judicature at Allahabad) VIJAY PRAKASH Petitioner(s) VERSUS STATE OF UP & ORS. Respondent(s) (With appln. (s) for exemption from filing O.T.) Date : 09/09/2016 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE S.A. BOBDE HON'BLE MR. JUSTICE ASHOK BHUSHAN For Petitioner(s) Mr. M.S. Mangla, Adv. Ms. Aakansha Tiwari, Adv. Ms. Shalini Aggarwal, Adv. Mr. Shiv Sagar Tiwari,Adv. (Not Present) For Respondent(s) Dr. Kailash Chand,Adv. Mr. Yoginder Handoo,Adv. Mr. Rajesh Kumar Maurya, Adv. Mr. Nishant Kumar, UPON perusing papers the Court made the following O R D E R In view of the letter circulated by Advocate-on-Record for the petitioner seeking adjournment on the ground of illness, list the matter after four weeks. (Sanjay Kumar-II) (Indu Pokhriyal) Court Master Court Master

SECTION-II IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION PETITION FOR SPECIAL LEAVE TO APPEAL (CRL.) NO. 4885 OF 2014 WITH CRIMINAL MISCELLANEOUS PETITION NO. 13118 OF 2014 (Application for exemption from filing official translation) Vijay Prakash ... Petitioner(s) VERSUS State of Uttar Pradesh & Ors. ... Respondent(s) OFFICE REPORT The matter above mentioned was listed before the Hon'ble Court on 11 th May, 2015 when the Court was pleased to pass the following order: “ In view of the letter circulated by Advocate-on-Record for the petitioner seeking adjournment for filing rejoinder affidavit, list the matter in the month of August, 2015.” It is submitted that Counsel for the Petitioner has not filed Rejoinder Affidavit to Counter Affidavit filed on behalf of Respondent Nos. 2 to 4, so far. Service of Show Cause Notice is complete. The matter above mentioned was listed before the Hon'ble Court on 02.11.2015 when the Court was pleased to pass the following order: “As jointly prayed for, list the matter on a non-miscellaneous day in the month of January, 2016.” T he matter above-mentioned is listed before the Hon'ble Court with this office report. DATED this the 2 nd day of August, 2016. ASSISTANT REGISTRAR COPY TO: 1. Mr. Shiv Sagar Tiwari, Advocate 322, Setalwad New Lawyer's Chambers, S.C.I. 2. Mr. Gaurav Dhingra, Advocate 35, Lawyer's Chambers, S.C.I., N.D. 3. Dr. Kailash Chand, Advocate Library-2, Supreme Court of India, N.D. C4/dk ASSISTANT REGISTRAR

¤ITEM NO.42 COURT NO.12 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.) No(s).4885/2014(Arising out of impugned final judgment and order dated 03/12/2013in CRMRA No. 298935/2013 03/12/2013 in CRLMA No. 453/2012 passed bythe High Court Of Judicature at Allahabad)VIJAY PRAKASH Petitioner(s) VERSUSSTATE OF UP & ORS. Respondent(s)(With appln. (s) for exemption from filing O.T.)Date : 09/09/2016 This petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE S.A. BOBDE HON'BLE MR. JUSTICE ASHOK BHUSHANFor Petitioner(s) Mr. M.S. Mangla, Adv.Ms. Aakansha Tiwari, Adv. Ms. Shalini Aggarwal, Adv. Mr. Shiv Sagar Tiwari,Adv. (Not Present) For Respondent(s) Dr. Kailash Chand,Adv. Mr. Yoginder Handoo,Adv.Mr. Rajesh Kumar Maurya, Adv. Mr. Nishant Kumar, UPON perusing papers the Court made the following O R D E RIn view of the letter circulated by Advocate-on-Record for thepetitioner seeking adjournment on the ground of illness, list thematter after four weeks. (Sanjay Kumar-II) (Indu Pokhriyal) Court Master Court Master

ITEM NO.56 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.4885/2014 (Arising out of impugned final judgment and order dated 03/12/2013 in CRMRA No. 298935/2013,03/12/2013 in CRLMA No. 453/2012 passed by the High Court Of Judicature at Allahabad) VIJAY PRAKASH Petitioner(s) VERSUS STATE OF UP & ORS. Respondent(s) (With appln. (s) for exemption from filing O.T.) Date : 02/11/2015 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE M.Y. EQBAL HON'BLE MR. JUSTICE C. NAGAPPAN For Petitioner(s) Mr. Shiv Sagar Tiwari,Adv. For Respondent(s) Mr. Uday Prakash, Adv. Mr. Ramjee Pandey, Adv. Mr. Raghvendra Shukla, Adv. For Dr. Kailash Chand,Adv. Mr. Shalini Kumar, Adv. Mr . Gaurav Dhingra,Adv. UPON hearing the counsel the Court made the following O R D E R As jointly prayed for, list the matter on a non-miscellaneous day in the month of January, 2016. (Sanjay Kumar-II) (Indu Pokhriyal) Court Master Court Master

Æ ITEM NO.56 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.4885/2014 (Arising out of impugned final judgment and order dated 03/12/2013 in CRMRA No. 298935/2013,03/12/2013 in CRLMA No. 453/2012 passed by the High Court Of Judicature at Allahabad) VIJAY PRAKASH Petitioner(s) VERSUS STATE OF UP & ORS. Respondent(s) (With appln. (s) for exemption from filing O.T.) Date : 02/11/2015 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE M.Y. EQBAL HON'BLE MR. JUSTICE C. NAGAPPAN For Petitioner(s) Mr. Shiv Sagar Tiwari,Adv. For Respondent(s) Mr. Uday Prakash, Adv. Mr. Ramjee Pandey, Adv. Mr. Raghvendra Shukla, Adv. For Dr. Kailash Chand,Adv. Mr. Shalini Kumar, Adv. Mr. Gaurav Dhingra,Adv. UPON hearing the counsel the Court made the following O R D E R As jointly prayed for, list the matter on a non-miscellaneous day in the month of January, 2016. (Sanjay Kumar-II) (Indu Pokhriyal) Court Master Court MasterSignature Not VerifiedDigitally signed bySanjay KumarDate: 2015.11.0216:42:48 ISTReason:

ITEM NO.48 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.4885/2014 (Arising out of impugned final judgment and order dated 03/12/2013 in CRMRA No. 298935/2013,03/12/2013 in CRLMA No. 453/2012 passed by the High Court Of Judicature at Allahabad) VIJAY PRAKASH Petitioner(s) VERSUS STATE OF UP & ORS. Respondent(s) (With appln. (s) for exemption from filing O.T.) Date : 14/09/2015 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE M.Y. EQBAL HON'BLE MR. JUSTICE C. NAGAPPAN For Petitioner(s) Ms. Aakanksha Tiwari, Adv. Mr. M.S. Mangla, Adv. For Mr. Shiv Sagar Tiwari,Adv. For Respondent(s) Mr. Ramjee Pandey, Adv. Mr. Uday Prakash, Adv. Dr. Kailash Chand,Adv. (Not Present) Ms. Shalini Kumar, Adv. Mr. Gaurav Dhingra,Adv. (Not Present) UPON hearing the counsel the Court made the following O R D E R In view of the letter circulated by Advocate-on-Record for respondent no.1-State seeking adjournment on the ground of personal difficulty, matter is adjourned for six weeks. (Sanjay Kumar-II) (Indu Pokhriyal) Court Master Court Master

ê ITEM NO.48 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.4885/2014 (Arising out of impugned final judgment and order dated 03/12/2013 in CRMRA No. 298935/2013,03/12/2013 in CRLMA No. 453/2012 passed by the High Court Of Judicature at Allahabad) VIJAY PRAKASH Petitioner(s) VERSUS STATE OF UP & ORS. Respondent(s) (With appln. (s) for exemption from filing O.T.) Date : 14/09/2015 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE M.Y. EQBAL HON'BLE MR. JUSTICE C. NAGAPPAN For Petitioner(s) Ms. Aakanksha Tiwari, Adv. Mr. M.S. Mangla, Adv. For Mr. Shiv Sagar Tiwari,Adv. For Respondent(s) Mr. Ramjee Pandey, Adv. Mr. Uday Prakash, Adv. Dr. Kailash Chand,Adv. (Not Present) Ms. Shalini Kumar, Adv. Mr. Gaurav Dhingra,Adv. (Not Present) UPON hearing the counsel the Court made the following O R D E R In view of the letter circulated by Advocate-on-Record for respondent no.1-State seeking adjournment on the ground of personal difficulty, matter is adjourned for six weeks.Signature Not Verified (Sanjay Kumar-II) (Indu Pokhriyal)Digitally signed bySanjay KumarDate: 2015.09.15 Court Master Court Master10:09:49 ISTReason:

ITEM NO.57 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.4885/2014 (Arising out of impugned final judgment and order dated 03/12/2013 in CRMRA No. 298935/2013,03/12/2013 in CRLMA No. 453/2012 passed by the High Court Of Judicature at Allahabad) VIJAY PRAKASH Petitioner(s) VERSUS STATE OF UP & ORS. Respondent(s) (With appln. (s) for exemption from filing O.T.) Date : 03/08/2015 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE M.Y. EQBAL HON'BLE MR. JUSTICE C. NAGAPPAN For Petitioner(s) Ms. Aakanksha Tiwari, Adv. Mr. Shiv Sagar Tiwari,Adv. For Respondent(s) Mr. Ramjee Pandey, Adv. Dr. Kailash Chand,Adv. (Not Present) Mr. Rajesh Kumar Maurya, Adv. Ms. Shalini Kumar, Adv. Mr. Gaurav Dhingra,Adv. UPON hearing the counsel the Court made the following O R D E R In view of the letter circulated by Advocate-on-Record for respondents seeking adjournment on the ground of illness, matter is adjourned for six weeks. (Sanjay Kumar-II) (Indu Pokhriyal) Court Master Court Master

SECTION-II IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION PETITION FOR SPECIAL LEAVE TO APPEAL (CRL.) NO. 4885 OF 2014 WITH CRIMINAL MISCELLANEOUS PETITION NO. 13118 OF 2014 (Application for exemption from filing official translation) Vijay Prakash ... Petitioner(s) VERSUS State of Uttar Pradesh & Ors. ... Respondent(s) OFFICE REPORT The matter above mentioned was listed before the Hon'ble Court on 11 th May, 2015 when the Court was pleased to pass the following order: “ In view of the letter circulated by Advocate-on-Record for the petitioner seeking adjournment for filing rejoinder affidavit, list the matter in the month of August, 2015.” It is submitted that Counsel for the Petitioner has not filed Rejoinder Affidavit to Counter Affidavit filed on behalf of Respondent Nos. 2 to 4, so far. Service of Show Cause Notice is complete. T he matter above-mentioned is listed before the Hon'ble Court with this office report. DATED this the 30th day of July, 2015. Sd/- ASSISTANT REGISTRAR COPY TO: 1. Mr. Shiv Sagar Tiwari, Advocate 322, Setalwad New Lawyer's Chambers, S.C.I. 2. Mr. Gaurav Dhingra, Advocate 35, Lawyer's Chambers, S.C.I., N.D. 3. Dr. Kailash Chand, Advocate Library-2, Supreme Court of India, N.D. C4/dk ASSISTANT REGISTRAR

. ITEM NO.57 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.4885/2014 (Arising out of impugned final judgment and order dated 03/12/2013 in CRMRA No. 298935/2013,03/12/2013 in CRLMA No. 453/2012 passed by the High Court Of Judicature at Allahabad) VIJAY PRAKASH Petitioner(s) VERSUS STATE OF UP & ORS. Respondent(s) (With appln. (s) for exemption from filing O.T.) Date : 03/08/2015 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE M.Y. EQBAL HON'BLE MR. JUSTICE C. NAGAPPAN For Petitioner(s) Ms. Aakanksha Tiwari, Adv. Mr. Shiv Sagar Tiwari,Adv. For Respondent(s) Mr. Ramjee Pandey, Adv. Dr. Kailash Chand,Adv. (Not Present) Mr. Rajesh Kumar Maurya, Adv. Ms. Shalini Kumar, Adv. Mr. Gaurav Dhingra,Adv. UPON hearing the counsel the Court made the following O R D E R In view of the letter circulated by Advocate-on-Record for respondents seeking adjournment on the ground of illness, matter is adjourned for six weeks. (Sanjay Kumar-II) (Indu Pokhriyal)Signature Not Verified Court Master Court MasterDigitally signed bySanjay KumarDate: 2015.08.0317:15:41 ISTReason:

ITEM NO.55 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.4885/2014 (Arising out of impugned final judgment and order dated 03/12/2013 in CRMRA No. 298935/2013,03/12/2013 in CRLMA No. 453/2012 passed by the High Court Of Judicature at Allahabad) VIJAY PRAKASH Petitioner(s) VERSUS STATE OF UP & ORS. Respondent(s) (With appln. (s) for exemption from filing O.T.) Date : 11/05/2015 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE M.Y. EQBAL HON'BLE MR. JUSTICE S.A. BOBDE For Petitioner(s) Mr. Shiv Sagar Tiwari,Adv. Mr. Mani Mittal, Adv. For Respondent(s) Mr. Uday Prakash, Adv. Dr. Kailash Chand,Adv. Mr. Vikrant Yadav, Adv. Ms. Shalini Kumar, Adv. Mr. Gaurav Dhingra,Adv. UPON hearing the counsel the Court made the following O R D E R In view of the letter circulated by Advocate-on-Record for the petitioner seeking adjournment for filing rejoinder affidavit, list the matter in the month of August, 2015. (Sanjay Kumar-II) (Indu Pokhriyal) Court Master Court Master

ITEM NO.55 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.4885/2014 (Arising out of impugned final judgment and order dated 03/12/2013 in CRMRA No. 298935/2013,03/12/2013 in CRLMA No. 453/2012 passed by the High Court Of Judicature at Allahabad) VIJAY PRAKASH Petitioner(s) VERSUS STATE OF UP & ORS. Respondent(s) (With appln. (s) for exemption from filing O.T.) Date : 11/05/2015 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE M.Y. EQBAL HON'BLE MR. JUSTICE S.A. BOBDE For Petitioner(s) Mr. Shiv Sagar Tiwari,Adv. Mr. Mani Mittal, Adv. For Respondent(s) Mr. Uday Prakash, Adv. Dr. Kailash Chand,Adv. Mr. Vikrant Yadav, Adv. Ms. Shalini Kumar, Adv. Mr. Gaurav Dhingra,Adv. UPON hearing the counsel the Court made the following O R D E R In view of the letter circulated by Advocate-on-Record for the petitioner seeking adjournment for filing rejoinder affidavit, list the matter in the month of August, 2015.Signature Not Verified (Sanjay Kumar-II) (Indu Pokhriyal)Digitally signed bySanjay KumarDate: 2015.05.12 Court Master Court Master17:09:38 ISTReason:

ITEM NO.59 COURT NO.8 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).4885/2014 (Arising out of impugned final judgment and order dated 03/12/2013 in CRMRA No. 298935/2013,03/12/2013 in CRLMA No. 453/2012 passed by the High Court Of Judicature at Allahabad) VIJAY PRAKASH Petitioner(s) VERSUS STATE OF UP & ORS. Respondent(s) (With appln. (s) for exemption from filing O.T.) Date : 30/03/2015 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE M.Y. EQBAL HON'BLE MR. JUSTICE S.A. BOBDE For Petitioner(s) Ms. Aakanksha Tiwari, Adv. Mr. M.S. Mangla, Adv. For Mr. Shiv Sagar Tiwari,Adv. For Respondent(s) Mr. R.K. Singh, Adv. Mr. Uday Prakash, Adv. Dr. Kailash Chand,Adv. Mr. Vikas Bansal, Adv. Ms.Shalini Kumar, Adv. Mr. Gaurav Dhingra,Adv. UPON hearing the counsel the Court made the following O R D E R In view of the letter circulated by Advocate-on-Record for the petitioner seeking adjournment for filing rejoinder affidavit, matter is adjourned for six weeks. (Sanjay Kumar-II) (Indu Pokhriyal) Court Master Court Master

Listed on : . .2015 Court No. : Item : SECTION-II IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION PETITION FOR SPECIAL LEAVE TO APPEAL (CRL.) NO. 4885 OF 2014 WITH CRIMINAL MISCELLANEOUS PETITION NO. 13118 OF 2014 (Application for exemption from filing official translation) Vijay Prakash ... Petitioner(s) VERSUS State of Uttar Pradesh & Ors. ... Respondent(s) OFFICE REPORT The matter above mentioned was listed before the Hon'ble Court on 30 th June, 2014 when the Court was pleased to pass the following order: “Delay condoned . Issue notice.” Accordingly Show Cause Notice was issued to all the four Respondents through registered post A.D. on 19 th July, 2014. Mr. Gaurav Dhingra, Advocate has on 5 th December, 2014 filed Vakalatnama/Appearance on behalf of Respondent No.1/State. Dr. Kailash Chand, Advocate has on 10 th October, 2014 filed Vakalatnama/Appearance on behalf of Respondent Nos. 2 to 4. Service of Show Cause Notice is complete. The matter above mentioned was listed before the Court of Registrar on 12 th February, 2015 when the following order was passed : “Counter affidavit by respondent Nos. 1 to 4 has not been filed despite last opportunity. At this stage, both the ld. counsels have submitted that matter may be processed to be listed before the Hon'ble Court. However, they be allowed Cont....2/-

:2: SLP (Crl.)No. 4885/2014 to file counter affidavit in the meanwhile. Request accepted. Registry to process for listing before the Hon'ble Court as per rules. ” It is submitted that Dr. Kailash Chand, Advocate has on 25 th March, 2015 filed Counter Affidavit on behalf of Respondent Nos. 2 to 4. Copy of the same is circulated herewith 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 26th day of March, 2015. Sd/- ASSISTANT REGISTRAR COPY TO: 1. Mr. Shiv Sagar Tiwari, Advocate 322, Setalwad New Lawyer's Chambers, S.C.I. 2. Mr. Gaurav Dhingra, Advocate 35, Lawyer's Chambers, S.C.I., N.D. 3. Dr. Kailash Chand, Advocate Library-2, Supreme Court of India, N.D. C4/dk ASSISTANT REGISTRAR

Listed on : . .2015 Court No. : Item : SECTION-II IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION PETITION FOR SPECIAL LEAVE TO APPEAL (CRL.) NO. 4885 OF 2014 WITH CRIMINAL MISCELLANEOUS PETITION NO. 13118 OF 2014 (Application for exemption from filing official translation) Vijay Prakash ... Petitioner(s) VERSUS State of Uttar Pradesh & Ors. ... Respondent(s) OFFICE REPORT The matter above mentioned was listed before the Hon'ble Court on 30 th June, 2014 when the Court was pleased to pass the following order: “Delay condoned . Issue notice.” Accordingly Show Cause Notice was issued to all the four Respondents through registered post A.D. on 19 th July, 2014. Mr. Gaurav Dhingra, Advocate has on 5 th December, 2014 filed Vakalatnama/Appearance on behalf of Respondent No.1/State. Dr. Kailash Chand, Advocate has on 10 th October, 2014 filed Vakalatnama/Appearance on behalf of Respondent Nos. 2 to 4. Service of Show Cause Notice is complete. The matter above mentioned was listed before the Court of Registrar on 12 th February, 2015 when the following order was passed : “Counter affidavit by respondent Nos. 1 to 4 has not been filed despite last opportunity. At this stage, both the ld. counsels have submitted that matter may be processed to be listed before the Hon'ble Court. However, they be allowed Cont....2/-

:2: SLP (Crl.)No. 4885/2014 to file counter affidavit in the meanwhile. Request accepted. Registry to process for listing before the Hon'ble Court as per rules.” Accordingly, t he matter above-mentioned is listed before the Hon'ble Court with this office report. DATED this the 24th day of March, 2015. Sd/- ASSISTANT REGISTRAR COPY TO: 1. Mr. Shiv Sagar Tiwari, Advocate 322, Setalwad New Lawyer's Chambers, S.C.I. 2. Mr. Gaurav Dhingra, Advocate 35, Lawyer's Chambers, S.C.I., N.D. 3. Dr. Kailash Chand, Advocate Library-2, Supreme Court of India, N.D. C4/dk ASSISTANT REGISTRAR

ITEM NO.53 REGISTRAR COURT. 1 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 MRS. RACHNA GUPTA Petition(s) for Special Leave to Appeal (Crl.) No(s). 4885/2014 VIJAY PRAKASH Petitioner(s) VERSUS STATE OF UP & ORS. Respondent(s) (with appln. (s) for exemption from filing O.T.) Date : 12/02/2015 This petition was called on for hearing today. For Petitioner(s) Mr. Shiv Sagar Tiwari,Adv. For Respondent(s) Mr Uday Prakash, Adv. Dr. Kailash Chand,Adv. Mr. Gaurav Dhingra,Adv. UPON hearing the counsel the Court made the following O R D E R Counter affidavit by respondent Nos. 1 to 4 has not been filed despite last opportunity. At this stage, both the ld. counsels have submitted that matter may be processed to be listed before the Hon'ble Court. However, they be allowed to file counter affidavit in the meanwhile. Request accepted. Registry to process for listing before the Hon'ble Court as per rules. (RACHNA GUPTA) Registrar

\232 ITEM NO.53 REGISTRAR COURT. 1 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 MRS. RACHNA GUPTA Petition(s) for Special Leave to Appeal (Crl.) No(s). 4885/2014 VIJAY PRAKASH Petitioner(s) VERSUS STATE OF UP & ORS. Respondent(s) (with appln. (s) for exemption from filing O.T.) Date : 12/02/2015 This petition was called on for hearing today. For Petitioner(s) Mr. Shiv Sagar Tiwari,Adv. For Respondent(s) Mr Uday Prakash, Adv. Dr. Kailash Chand,Adv. Mr. Gaurav Dhingra,Adv. UPON hearing the counsel the Court made the following O R D E R Counter affidavit by respondent Nos. 1 to 4 has not been filed despite last opportunity. At this stage, both the ld. counsels have submitted that matter may be processed to be listed before the Hon'ble Court. However, they be allowed to file counter affidavit in the meanwhile. Request accepted. Registry to process for listing before the Hon'bleSignature Not Verified Court as per rules.Digitally signed byHema JoshiDate: 2015.02.1711:44:17 ISTReason: (RACHNA GUPTA) Registrar

ITEM NO.50 REGISTRAR COURT. 1 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 SURAJIT DEY Petition(s) for Special Leave to Appeal (Crl.) No(s). 4885/2014 VIJAY PRAKASH Petitioner(s) VERSUS STATE OF UP & ORS. Respondent(s) (with appln. (s) for exemption from filing O.T.) Date : 15/12/2014 This petition was called on for hearing today. For Petitioner(s) Mr. Praval Tripathi, Adv. Mr. Shiv Sagar Tiwari,Adv. For Respondent(s) Dr. Kailash Chand,Adv. Mr. Gaurav Dhingra,Adv. Mr. Ramjee Pandey, Adv. UPON hearing the counsel the Court made the following O R D E R The Ld. Counsel for respondent No.1 – State is at liberty to file counter affidavit, if any, within four weeks. Despite Registrar's Court order dated 13.10.2014, whereby four weeks' time was granted to the Ld. Counsel for respondent Nos.2 to 4 for filing counter affidavit but he does not choose to file counter affidavit. However, two weeks' time, as last chance, is granted for filing counter affidavit. List again on 12.2.2015. (SURAJIT DEY) Registrar

ITEM NO.50 REGISTRAR COURT. 1 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 SURAJIT DEY Petition(s) for Special Leave to Appeal (Crl.) No(s). 4885/2014 VIJAY PRAKASH Petitioner(s) VERSUS STATE OF UP & ORS. Respondent(s) (with appln. (s) for exemption from filing O.T.) Date : 15/12/2014 This petition was called on for hearing today. For Petitioner(s) Mr. Praval Tripathi, Adv. Mr. Shiv Sagar Tiwari,Adv. For Respondent(s) Dr. Kailash Chand,Adv. Mr. Gaurav Dhingra,Adv. Mr. Ramjee Pandey, Adv. UPON hearing the counsel the Court made the following O R D E R The Ld. Counsel for respondent No.1 - State is at liberty to file counter affidavit, if any, within four weeks. Despite Registrar's Court order dated 13.10.2014, whereby four weeks' time was granted to the Ld. Counsel for respondent Nos.2 to 4 for filing counter affidavit but he does not choose to file counter affidavit. However, two weeks' time, as last chance, is granted for filing counter affidavit.Signature Not VerifiedDigitally signed byRupam DhamijaDate: 2014.12.19 List again on 12.2.2015.16:45:13 ISTReason: (SURAJIT DEY) Registrar

ITEM NO.74 REGISTRAR COURT. 1 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 PANKAJ BHANDARI Petition(s) for Special Leave to Appeal (Crl.) No(s). 4885/2014 VIJAY PRAKASH Petitioner(s) VERSUS STATE OF UP & ORS. Respondent(s) (with appln. (s) for exemption from filing O.T.) Date : 13/10/2014 This petition was called on for hearing today. For Petitioner(s) Mr Praval Tripathi, Adv. Mr. Shiv Sagar Tiwari,Adv. For Respondent(s) Mr Uday Prakash Yadav, Adv. Dr Kailash Chand, Adv. UPON hearing the counsel the Court made the following O R D E R The ld. Counsel for the petitioner to take fresh steps for effecting service on respondent no.1. Notice be served on the standing counsel for the State and be given dasti to the ld. Counsel for the petitioner for effecting service. Four weeks time is granted to respondent Nos. 2 to 4 for filing counter affidavit. List again on 15.12.2014. (PANKAJ BHANDARI) Registrar

Ü ITEM NO.18 COURT NO.3 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 (Criminal)...... CRLMP No(s). 10316/2014 (Arising out of impugned final judgment and order dated 03/12/2013 in CRL Miscellaneous Recall Application No. 298935/2013 in CRL Miscellanous Application No. 453/2012 passed by the High Court Of Judicature At Allahabad) VIJAY PRAKASH Petitioner(s) VERSUS STATE OF UP & ORS. Respondents(s) (With appln(s) for c/delay in filing SLP) Date : 30/06/2014 This petition was called on for hearing today. CORAM : HON'BLE DR. JUSTICE B.S. CHAUHAN HON'BLE MR. JUSTICE M.Y. EQBAL For Petitioner(s) Mr. Shiv Sagar Tiwari,Adv. Mr. S.K. Dey, Adv. Ms. Aakanksha Tiwari, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Delay condoned. Issue notice. (DEEPAK MANSUKHANI) (M S NEGI) COURT MASTER ASSISTANT REGISTRARSignature Not VerifiedDigitally signed byDeepak MansukhaniDate: 2014.06.3017:22:27 ISTReason:

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