IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1017/2017 (@ Special Leave Petition (Crl.) No. 1373/2016) RANJEET KUMAR APPELLANT(S) VERSUS JANESHWAR SHARMA & ANR. RESPONDENT(S) O R D E R Leave granted. Heard the learned counsel for the parties and on perusal of the order dated 08.10.2015 passed by the High Court of Patna in Crl. Rev. No. 905 of 2014, it is clearly indicated that the High Court has not applied its judicious mind. The facts and circumstances of the case have not been mentioned. Order of discharge has been passed by mentioning that Court was satisfied with respect to the fact that no criminal intent was made out. The way in which the order is passed is laconic and does not satisfy the judicial parameter of process of reasons. Consequently, the impugned order is set aside. We request the High Court to decide the matter afresh in accordance with Law by a reasoned order. The appeal is allowed, accordingly. ….....................J. ( ARUN MISHRA ) ….....................J. ( AMITAVA ROY ) NEW DELHI, JULY 04, 2017
ITEM NO.42 COURT NO.10 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). 1373/2016 (Arising out of impugned final judgment and order dated 08-10-2015 passed by the Hon'ble High Court of Judicature at Patna in Crl. Rev. No.905 of 2014) RANJEET KUMAR Petitioner(s) VERSUS JANESHWAR SHARMA & ANR. Respondent(s) Date : 04-07-2017 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ARUN MISHRA HON'BLE MR. JUSTICE AMITAVA ROY For Petitioner(s) Ms. Sija N. Pal, Adv. Mr. Satya Mitra, AOR For Respondent(s) Mr. Rudveshwar Singh, Adv. Mr. Gautam Singh, Adv. Ms. Isha Singh, Adv. Ms. Snehil Sonam, Adv. Mr. Samir Ali Khan, Adv. Mr. B.B. Singh, Adv. Mr. Anup Kumar, Adv. 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(s), if any, stands disposed of. (SONALI SAUND) (TAPAN KUMAR CHAKRABORTY) SR.P.A. COURT MASTER (signed order is placed on the file)
ITEM NO.6 COURT NO.10 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). 1373/2016 (Arising out of impugned final judgment and order dated 08/10/2015 in CRLR No. 905/2014 passed by the High Court Of Patna) RANJEET KUMAR Petitioner(s) VERSUS JANESHWAR SHARMA AND ANR. Respondent(s) (With appln. (s) for exemption from filing O.T. and impleadment and permission to file lengthy synopsis and interim relief and office report) Date : 04/04/2016 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE PINAKI CHANDRA GHOSE HON'BLE MR. JUSTICE AMITAVA ROY For Petitioner(s) Mr. Divya Jyoti Jaipuriar, Adv. Mr. Satya Mitra, AOR For Respondent(s) Mr. Bipin Bihari Singh, Adv. Mr. Ajay Kumar singh, Adv. Mr. Anup Kumar, AOR Mr. Rudreshwar Singh, Adv. Mr. Gautam Singh, Adv. Mr. Samir Ali Khan, AOR UPON hearing the counsel the Court made the following O R D E R In view of the letter circulated by learned counsel for Respondent No.1 seeking adjournment to file Counter Affidavit, list after one week. (R.NATARAJAN) (SNEH LATA SHARMA) Court Master Court Master
SECTION IIA IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION PETITION FOR SPECIAL LEAVE TO APPEAL(CRL.) NO. 1373 OF 2016 WITH CRIMINAL MISCELLANEOUS PETITION NOS. 2999, 3000 AND 3001 OF 2016 (Applications for permission to file lengthy synopsis, exemption from filing official translation and impleadment) RANJEET KUMAR ...PETITIONER VERSUS JANESHWAR SHARMA AND ANR. ... RESPONDENTS OFFICE REPORT The matter abovementioned was listed before the Hon'ble Court on 14 th March, 2016, when the Court was pleased to pass the following order: “Learned counsel appearing for respondent No. 1 seeks time to file counter affidavit. Learned counsel appearing for respondent No.2 does not want to file any counter affidavit. As prayed by learned counsel appearing for respondent No.1, two weeks’ time is granted to file counter affidavit. List after two weeks.” It is submitted that Mr. Anup Kumar, Advocate has on 15 th March, 2015 filed his Vakalatnama/Appearance on behalf of respondent no.1 but he has not filed Counter Affidavit in view of order quoted above, so far. Service of notice is complete. The matter above mentioned is listed befor e the Hon'ble Court with this office report. DATED this the 1 st day of April , 2016. ASSISTANT REGISTRAR Copy to: 1. Mr. Satya Mitra, Advocate 2. Mr. Samir Ali Khan, Advocate ASSISTANT REGISTRAR C1/rc
RITEM NO.6 COURT NO.10 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). 1373/2016(Arising out of impugned final judgment and order dated08/10/2015 in CRLR No. 905/2014 passed by the High Court Of Patna)RANJEET KUMAR Petitioner(s) VERSUSJANESHWAR SHARMA AND ANR. Respondent(s)(With appln. (s) for exemption from filing O.T. and impleadmentand permission to file lengthy synopsis and interim relief andoffice report)Date : 04/04/2016 This petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE PINAKI CHANDRA GHOSE HON'BLE MR. JUSTICE AMITAVA ROYFor Petitioner(s) Mr. Divya Jyoti Jaipuriar, Adv. Mr. Satya Mitra, AOR For Respondent(s) Mr. Bipin Bihari Singh, Adv.Mr. Ajay Kumar singh, Adv. Mr. Anup Kumar, AORMr. Rudreshwar Singh, Adv.Mr. Gautam Singh, Adv. Mr. Samir Ali Khan, AOR UPON hearing the counsel the Court made the following O R D E R In view of the letter circulated by learned counsel forRespondent No.1 seeking adjournment to file Counter Affidavit,list after one week. (R.NATARAJAN) (SNEH LATA SHARMA) Court Master Court Master
ITEM NO.6 COURT NO.10 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). 1373/2016 (Arising out of impugned final judgment and order dated 08/10/2015 in CRLR No. 905/2014 passed by the High Court Of Patna) RANJEET KUMAR Petitioner(s) VERSUS JANESHWAR SHARMA AND ANR. Respondent(s) (With appln. (s) for exemption from filing O.T. and impleadment and permission to file lengthy synopsis and interim relief and office report) Date : 14/03/2016 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE PINAKI CHANDRA GHOSE HON'BLE MR. JUSTICE AMITAVA ROY For Petitioner(s) Mr. Divya Jyoti Jaipuriar, Adv. Mr. Satya Mitra, AOR For Respondent(s) Mr. B.B. Singh, Adv. Mr. Rudreshwar Singh, Adv. Mr. Samir Ali Khan, Adv. UPON hearing the counsel the Court made the following O R D E R Learned counsel appearing for respondent No. 1 seeks time to file counter affidavit. Learned counsel appearing for respondent No.2 does not want to file any counter affidavit. As prayed by learned counsel appearing for respondent No.1, two weeks' time is granted to file counter affidavit. List after two weeks. (R.NATARAJAN) (SNEH LATA SHARMA) Court Master Court Master
SECTION IIA IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION PETITION FOR SPECIAL LEAVE TO APPEAL(CRL.) NO. 1373 OF 2016 WITH CRIMINAL MISCELLANEOUS PETITION NOS. 2999, 3000 AND 3001 OF 2016 (Applications for permission to file lengthy synopsis, exemption from filing official translation and impleadment) RANJEET KUMAR ...PETITIONER VERSUS JANESHWAR SHARMA AND ANR. ... RESPONDENTS OFFICE REPORT The matter abovementioned was listed before the Hon'ble Court on 12 th February, 2016, when the Court was pleased to pass the following order: “Delay is condoned. Issue notice returnable after three weeks. Liberty to serve the Standing Counsel for the State of Bihar is granted.” Accordingly, notice returnable on 14 th March, 2016 was issued on 23 rd February, 2016 to both the respondents through Registered A.D. Post. A copy of notice was also endorsed to the Standing Counsel for the State of Bihar. Mr. Samir Ali Khan, Advocate has filed Vakalatnama/Appearance on behalf of Respondent No.2State. Service of notice in respect of respondent no.1 is awaited. The matter above mentioned is listed befor e the Hon'ble Court with this office report. DATED this the 11 th day of March , 2016. ASSISTANT REGISTRAR Copy to: 1. Mr. Satya Mitra, Advocate 2. Mr. Samir Ali Khan, Advocate ASSISTANT REGISTRAR C1/rc
Ò ITEM NO.6 COURT NO.10 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). 1373/2016 (Arising out of impugned final judgment and order dated 08/10/2015 in CRLR No. 905/2014 passed by the High Court Of Patna) RANJEET KUMAR Petitioner(s) VERSUS JANESHWAR SHARMA AND ANR. Respondent(s) (With appln. (s) for exemption from filing O.T. and impleadment and permission to file lengthy synopsis and interim relief and office report) Date : 14/03/2016 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE PINAKI CHANDRA GHOSE HON'BLE MR. JUSTICE AMITAVA ROY For Petitioner(s) Mr. Divya Jyoti Jaipuriar, Adv. Mr. Satya Mitra, AOR For Respondent(s) Mr. B.B. Singh, Adv. Mr. Rudreshwar Singh, Adv. Mr. Samir Ali Khan, Adv. UPON hearing the counsel the Court made the following O R D E R Learned counsel appearing for respondent No. 1 seeks time to file counter affidavit. Learned counsel appearing for respondent No.2 does not want to file any counter affidavit. As prayed by learned counsel appearing for respondent No.1, two weeks' time is granted to file counter affidavit.Signature Not VerifiedDigitally signed by List after two weeks.R.NATARAJANDate: 2016.03.1416:30:13 ISTReason: (R.NATARAJAN) (SNEH LATA SHARMA) Court Master Court Master
ITEM NO.30 COURT NO.10 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.)...... CRLMP No(s). 2125/2016 (Arising out of impugned final judgment and order dated 08/10/2015 in CRLR No. 905/2014 passed by the High Court of Patna) RANJEET KUMAR Petitioner(s) VERSUS JANESHWAR SHARMA AND ANR. Respondent(s) (With appln. (s) for c/delay in filing SLP) Date: 12/02/2016 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE PINAKI CHANDRA GHOSE HON'BLE MR. JUSTICE AMITAVA ROY For Petitioner(s) Mr. Divya Jyoti Jaipuriar, Adv. Mr. Satya Mitra,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Delay is condoned. Issue notice returnable after three weeks. Liberty to serve the Standing Counsel for the State of Bihar is granted. (VISHAL ANAND) (MADHU NARULA) COURT MASTER COURT MASTER
V ITEM NO.30 COURT NO.10 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.)...... CRLMP No(s). 2125/2016 (Arising out of impugned final judgment and order dated 08/10/2015 in CRLR No. 905/2014 passed by the High Court of Patna) RANJEET KUMAR Petitioner(s) VERSUS JANESHWAR SHARMA AND ANR. Respondent(s) (With appln. (s) for c/delay in filing SLP) Date: 12/02/2016 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE PINAKI CHANDRA GHOSE HON'BLE MR. JUSTICE AMITAVA ROY For Petitioner(s) Mr. Divya Jyoti Jaipuriar, Adv. Mr. Satya Mitra,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Delay is condoned. Issue notice returnable after three weeks. Liberty to serve the Standing Counsel for the State of Bihar is granted. (VISHAL ANAND) (MADHU NARULA) COURT MASTER COURT MASTERSignature Not VerifiedDigitally signed byVinod KumarDate: 2016.02.1216:56:29 ISTReason: