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DR. GHANSHYAM DAS BHASKAR v. THE STATE OF UTTAR PRADESH THROUGH ITS SECRETARY

Supreme Court of India | Diary 10247/2018

Status

ROP - of Main Case

Decided On

23-08-2018

Bench

HON'BLE MR. JUSTICE A.K. SIKRI and HON'BLE MR. JUSTICE ASHOK BHUSHAN

Petitioner

DR. GHANSHYAM DAS BHASKAR

Respondent

THE STATE OF UTTAR PRADESH THROUGH ITS SECRETARY

Primary Holding

A plea based on a statutory amendment not raised before the High Court cannot be entertained by the Supreme Court for the first time; the petitioner must approach the High Court afresh with such a new ground.

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Full Judgment Text

1 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 SPECIAL LEAVE PETITION (CRIMINAL) Diary No(s). 10247/2018 (Arising out of impugned final judgment and order dated 04-08-2017 in APPLI No. 24545/2017 passed by the High Court of Judicature at Allahabad) DR. GHANSHYAM DAS BHASKAR Petitioner(s) VERSUS THE STATE OF UTTAR PRADESH & ANR. Respondent(s) (FOR ADMISSION and I.R. and IA No.110091/2018-CONDONATION OF DELAY IN FILING and IA No.110099/2018-EXEMPTION FROM FILING O.T. and IA No.110096/2018-CONDONATION OF DELAY IN REFILING) Date : 23-08-2018 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE A.K. SIKRI HON'BLE MR. JUSTICE ASHOK BHUSHAN For Petitioner(s) Mr. Sushil Kumar Jain, Sr. Adv. Mr. Yogesh Verma, Adv. Mr. Puneet Jain, Adv. Mr. Harsh Jain, Adv. Ms. Pratibha Jain, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Delay condoned. Mr. Sushil Kumar Jain, learned senior counsel, submits that there is now an amendment in the Prevention of Corruption Act, 1988 vide the Prevention of Corruption (Amendment) Act, 2018 and which is applicable even to pending cases. We are not entertaining this plea in this Court as this was not raised before the High Court. In that view of the matter, we permit the petitioner to approach the High Court once again taking this plea.

2 With the aforesaid liberty, the Special Leave Petition stands disposed of. Pending applications, if any, shall also stands disposed of. (SUSHIL KUMAR RAKHEJA) (RAJINDER KAUR) AR-CUM-PS BRANCH OFFICER

ITEM NO.42 COURT NO.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 SPECIAL LEAVE PETITION (CRIMINAL) Diary No(s). 10247/2018 DR. GHANSHYAM DAS BHASKAR Petitioner(s) VERSUS THE STATE OF UTTAR PRADESH & ANR. Respondent(s) Date : 03-08-2018 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE NAVIN SINHA [IN CHAMBER] For Petitioner(s) Mr. Harsh Jain,Adv. Ms. Pratibha Jain, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Two weeks' time is granted to learned counsel for the petitioner to cure the defects as pointed out by the Registry. (RAJNI MUKHI) (ASHA SONI) SENIOR PERSONAL ASSISTANT BRANCH OFFICER

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