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JOHN JULIAS UCHEKU v. THE STATE OF MADHYA PRADESH

Supreme Court of India | Diary 10256/2022

Status

ROP - of Main Case

Decided On

13-12-2022

Bench

HON'BLE MR. JUSTICE B.R. GAVAI and HON'BLE MR. JUSTICE VIKRAM NATH

Petitioner

JOHN JULIAS UCHEKU

Respondent

THE STATE OF MADHYA PRADESH

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Full Judgment Text

ITEM NO.9 COURT NO.9 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). 3568/2022 (Arising out of impugned final judgment and order dated 23-02-2022 in MCRC No. 8067/2022 passed by the High Court of M.P. at Gwalior) JOHN JULIAS UCHEKU Petitioner(s) VERSUS THE STATE OF MADHYA PRADESH Respondent(s) (IA No. 103432/2022 - EXEMPTION FROM FILING O.T. IA No. 56319/2022 - EXEMPTION FROM FILING O.T. IA No. 56318/2022 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Date : 13-12-2022 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE B.R. GAVAI HON'BLE MR. JUSTICE VIKRAM NATH For Petitioner(s) Mr. Jasmeet Singh, AOR Mr. Saif Ali, Adv. Mr. Divjot Singh Bhatia, Adv. Mr. Pushpendra S. Bhadoriya, Adv. Mr. Mahinder Singh Hura, Adv. Ms. Rusheet Saluja, Adv. Ms. Mandeep Kaur, Adv. For Respondent(s) Mr. Gopal Jha, AOR Mr. Umesh Kumar Yadav,Adv. UPON hearing the counsel the Court made the following O R D E R We are not inclined to entertain the present petition. The special leave petition is, accordingly, dismissed. Taking into consideration the facts of the case, we, however, request the learned Trial Judge to expedite the trial and make an attempt to conclude the same as expeditiously as possible, preferably within six months from today. Pending application(s), if any, shall stand disposed of. (NARENDRA PRASAD) (ANJU KAPOOR) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)

ITEM NO.52 COURT NO.11 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). 3568/2022 (Arising out of impugned final judgment and order dated 23-02-2022 in MCRC No. 8067/2022 passed by the High Court of M.P. at Gwalior) JOHN JULIAS UCHEKU Petitioner(s) VERSUS THE STATE OF MADHYA PRADESH Respondent(s) (IA No. 103433/2022 - CONDONATION OF DELAY IN FILING IA No. 103432/2022 - EXEMPTION FROM FILING O.T. IA No. 56319/2022 - EXEMPTION FROM FILING O.T. IA No. 56318/2022 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Date : 17-10-2022 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE B.R. GAVAI HON'BLE MRS. JUSTICE B.V. NAGARATHNA For Petitioner(s) Mr. Jasmeet Singh, AOR Mr. Saif Ali,Adv. Mr. Maninder Singh Hura,Adv. Ms. Rusheet Saluja,Adv. Mr. Pushpendr Singh Bhadoriya,Adv. Mr. Divjot Singh Bhatia,Adv. Mr. Arpit Dotasra,Adv. Mr. Sirdhari Handa,Adv. Ms. Mandip Kaur,Adv. For Respondent(s) Mr. Gopal Jha, AOR Mr. Anirudha Mishra,Adv. Mr. Nishant Verma,Adv. UPON hearing the counsel the Court made the following O R D E R Learned counsel appearing for the respondent/State submits 1

that in view of the order passed by the learned 5 th Additional Sessions Judge, Bhind, the petitioner needs to be interrogated with regard to the controversy about the name of the present petitioner as standing in the passport and as standing in the arrest memo. List on 05.12.2022. (NARENDRA PRASAD) (ANJU KAPOOR) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH) 2

ITEM NO.37 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 Petition(s) for Special Leave to Appeal (Crl.) No(s). 3568/2022 (Arising out of impugned final judgment and order dated 23-02-2022 in MCRC No. 8067/2022 passed by the High Court of M.p at Gwalior) JOHN JULIAS UCHEKU Petitioner(s) VERSUS THE STATE OF MADHYA PRADESH Respondent(s) IA No. 103433/2022 - CONDONATION OF DELAY IN FILING IA No. 103432/2022 - EXEMPTION FROM FILING O.T. IA No. 56319/2022 - EXEMPTION FROM FILING O.T. IA No. 56318/2022 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Date : 30-09-2022 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE B.R. GAVAI HON'BLE MRS. JUSTICE B.V. NAGARATHNA For Petitioner(s) Mr. Jasmeet Singh, AOR For Respondent(s) Mr. Gopal Jha, AOR Ms. Anuradha Mishra, Adv. Mr. Umesh Kumar Yadav, Adv. UPON hearing the counsel the Court made the following O R D E R Learned counsel for the petitioner make a categorical statement that the passport of the petitioner has been seized of and is with the investigating agency. Learned counsel for the State seeks time to take instructions in that regard. List this matter on 17.10.2022. (SONIA GULATI) (ANJU KAPOOR) SENIOR PERSONAL ASSISTANT COURT MASTER (NSH)

ITEM NO.29 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). 3568/2022 (Arising out of impugned final judgment and order dated 23-02-2022 in MCRC No. 8067/2022 passed by the High Court Of M.p At Gwalior) JOHN JULIAS UCHEKU Petitioner(s) VERSUS THE STATE OF MADHYA PRADESH Respondent(s) (IA No. 103433/2022 - CONDONATION OF DELAY IN FILING, IA No. 103432/2022 - EXEMPTION FROM FILING O.T., IA No. 56319/2022 - EXEMPTION FROM FILING O.T., IA No. 56318/2022 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Date : 12-09-2022 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE B.R. GAVAI HON'BLE MR. JUSTICE C.T. RAVIKUMAR For Petitioner(s) Mr. Jasmeet Singh, AOR Mr. Saif Ali, Adv. Mr. Pushpendra S. Bhadoriya, Adv. Mr. Divjot Singh Bhatia, Adv. Mr. Mahindra Singh Flura, Adv. Ms. Rusheel Saluja, Adv. Mr. Arpit Dotasra, Adv. For Respondent(s) Mr. Jitendra Kumar Tripathi, Adv. Mr. Gopal Jha, AOR UPON hearing the counsel the Court made the following O R D E R List this matter on 30.09.2022. (DEEPAK SINGH) (ANJU KAPOOR) COURT MASTER (SH) COURT MASTER (NSH)

1 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). 3568/2022 (Arising out of impugned final judgment and order dated 23-02-2022 in MCRC No. 8067/2022 passed by the High Court Of M.p At Gwalior) JOHN JULIAS UCHEKU Petitioner(s) VERSUS THE STATE OF MADHYA PRADESH Respondent(s) (IA No. 56319/2022 - EXEMPTION FROM FILING O.T. AND IA No. 56318/2022 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) WITH SLP(Crl) No. 5523/2022 (II-A) (IA No. 83015/2022 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Date : 26-08-2022 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE B.R. GAVAI HON'BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA For Petitioner(s) Ms. Aastha Mehta,Adv. Ms. Deepanwita Priyanka, AOR Mr. Maninder Singh Hura, Adv. Mr. Jasmeet Singh, AOR Mr. Saif Ali, Adv. Mr. Divjot Singh Bhatia, Adv. Mr. Pushpendra Singh Badoriya, Adv. Ms. Ruhsheet Saluja, Adv. For Respondent(s) Mr. Gopal Jha, AOR Mr. Gobind Kumar, Adv. Mr. Shreyash Bhardwaj, Adv. Mr. Nishant Verma, Adv. UPON hearing the counsel the Court made the following

2 O R D E R SLP(Crl.) No(s). 3568/2022 List this matter next week. SLP(Crl) No. 5523/2022 Learned counsel for the petitioner seeks liberty to withdraw the special leave petition with further liberty to renew the request before the High Court in as much as the petitioner is behind bars since a period of 18 months and the complainant has already been examined. The special leave petition is disposed of as withdrawn with liberty as prayed for. Needless to say that the pendency of the special leave petition filed by John Julias Ucheku would not come in the way of the petitioner's case being considered independently by the High Court. Pending applications, if any, stand disposed of. (DEEPAK SINGH) (ANJU KAPOOR) COURT MASTER (SH) COURT MASTER (NSH)

1 ITEM NO.33+39 COURT NO.15 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.3568/2022 (Arising out of impugned final judgment and order dated 23-02-2022 in MCRC No. 8067/2022 passed by the High Court of M.P. at Gwalior) JOHN JULIAS UCHEKU Petitioner(s) VERSUS THE STATE OF MADHYA PRADESH Respondent(s) WITH Petition(s) for Special Leave to Appeal (Crl.) No.5523/2022 (FOR ADMISSION and I.R. and IA No.83015/2022-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT ) Date : 14-07-2022 These petitions were called on for hearing today. CORAM : HON'BLE MR. JUSTICE B.R. GAVAI HON'BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA For Petitioner(s) Mr. Jasmeet Singh, AOR Mr. Mahinder Singh Hura, Adv. Mr. Saif Ali, Adv. Mr. Divjot Singh Bhatia, Adv. Mr. Pushpendra Singh Bhadoriya, Adv. Mr. Rusheet Saluja, Adv. Mr. Nishant Yadav, Adv. Ms. Deepanwita Priyanka, AOR For Respondent(s) Mr. Gopal Jha, AOR Ms. Anuradha Mishra, Adv. Mr. Umesh Yadav, Adv. Mr. Shreyash Bhardwaj, Adv. UPON hearing the counsel the Court made the following O R D E R Special Leave Petition (Crl.) No.3568/2022: The petitioner shall file an affidavit therein giving details of two proposed local sureties, who are residents of the District – Bhind, Madhya Pradesh. The sureties, so suggested, should own immovable property in their name within the said District. The affidavit shall be supplied to the learned counsel for the State of Madhya Pradesh within a period of one week from today. The State should verify the credentials of the proposed sureties and

2 submit a report on an affidavit within a period of two weeks thereafter. Stand over to 22 nd August, 2022. Special Leave Petition (Crl.) No.5523/2022: Stand over to 22 nd August, 2022. (NEHA GUPTA) (ANJU KAPOOR) SENIOR PERSONAL ASSISTANT COURT MASTER (NSH)

ITEM NO.39 COURT NO.15 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).5523/2022 (Arising out of impugned final judgment and order dated 07-05-2022 in MCRC No. 21947/2022 passed by the High Court of M.P. at Gwalior) KISHAN KUMAR Petitioner(s) VERSUS THE STATE OF MADHYA PRADESH Respondent(s) (FOR ADMISSION and I.R. and IA No.83015/2022-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT ) Date : 11-07-2022 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE B.R. GAVAI HON'BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA For Petitioner(s) Ms. Aashta Mehta, Adv. Mr. Anshuman Shrivastava, Adv. Ms. Deepanwita Priyanka, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Issue notice. In addition to the normal mode of service, the learned counsel is also permitted to serve upon the standing counsel for the State. To be heard with Special Leave Petition (Criminal) No.3568 of 2022. (NEHA GUPTA) (ANJU KAPOOR) SENIOR PERSONAL ASSISTANT COURT MASTER (NSH)

ITEM NO.9 COURT NO.5 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).3568/2022 (Arising out of impugned final judgment and order dated 23-02-2022 in MCRC No.8067/2022 passed by the High Court Of M.P At Gwalior) JOHN JULIAS UCHEKU Petitioner(s) VERSUS THE STATE OF MADHYA PRADESH Respondent(s) Date : 18-05-2022 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE L. NAGESWARA RAO HON'BLE MR. JUSTICE B.R. GAVAI HON'BLE MR. JUSTICE A.S. BOPANNA For Petitioner(s) Mr. Jasmeet Singh, AOR Mr. Mahinder Singh Hura,Adv. Mr. Saif Ali, Adv. Mr. Divjot Singh Bhatia,Adv. Mr. Pushpendra Singh Bhadoriya,Adv. Ms. Rusheet Saluja,Adv. For Respondent(s) Mr. Gopal Jha,AOR Ms. Anuradha Mishra,Adv. UPON hearing the counsel the Court made the following O R D E R List on 14.07.2022. (B.Parvathi) (Anand Prakash) Court Master Assistant Registrar

ITEM NO.805 COURT NO.5 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).3568/2022 (Arising out of impugned final judgment and order dated 23-02-2022 in MCRC No. 8067/2022 passed by the High Court Of M.P. At Gwalior) JOHN JULIAS UCHEKU Petitioner(s) VERSUS THE STATE OF MADHYA PRADESH Respondent(s) Date : 11-05-2022 This petition was mentioned today. CORAM : HON'BLE MR. JUSTICE L. NAGESWARA RAO HON'BLE MR. JUSTICE B.R. GAVAI HON'BLE MR. JUSTICE A.S. BOPANNA For Petitioner(s) Mr. Jasmeet Singh, AOR (Mentioned by) For Respondent(s) Mr. Gopal Jha, AOR UPON being mentioned the Court made the following O R D E R List on 18.05.2022. (B.Parvathi) (Anand Prakash) Court Master Assistant Registrar

ITEM NO.7 COURT NO.5 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).3568/2022 (Arising out of impugned final judgment and order dated 23-02-2022 in MCRC No.8067/2022 passed by the High Court Of M.P At Gwalior) JOHN JULIAS UCHEKU Petitioner(s) VERSUS THE STATE OF MADHYA PRADESH Respondent(s) (FOR ADMISSION and I.R. and IA No.56319/2022-EXEMPTION FROM FILING O.T. and IA No.56318/2022-PERMISSION TO FILE ADDITIONAL DOCUMENTS /FACTS/ANNEXURES ) Date : 20-04-2022 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE L. NAGESWARA RAO HON'BLE MR. JUSTICE B.R. GAVAI For Petitioner(s) Mr. Jasmeet Singh, AOR Mr. Mahinder Singh Hura, Adv. Mr. Saif Ali, Adv. Mr. Divjot Singh Bhatia, Adv. Mr. Pushpendra Singh Bhadoriya, Adv. Mr. Rusheet Saluja, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Issue notice returnable in two weeks. Learned counsel is permitted to serve the Standing Counsel for the State. (B.Parvathi) (Anand Prakash) Court Master Court Master

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