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DR. V. B. GAUTAM v. THE STATE OF UTTAR PRADESH

Supreme Court of India | Diary 23246/2024

Status

Order

Decided On

2024-12-16

Bench

HON'BLE MR. JUSTICE DIPANKAR DATTA, HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA

Petitioner

DR. V. B. GAUTAM

Respondent

THE STATE OF UTTAR PRADESH

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Full Judgment Text

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. OF 2024 [arising out of SLP (Crl.) No. 11157/2024]

DR. V. B. GAUTAM Appellant

VERSUS

THE STATE OF UTTAR PRADESH & ANR. Respondents

O R D E R

1. Leave granted.

2. We have heard the appellant-in-person, learned counsel for the

respondent-State of Uttar Pradesh and Mr. Ragenth Basant, learned senior

counsel assisting the Court as Amicus Curiae.

3. The complainant is not represented.

4. Having regard to the decision of the Constitution Bench in High Court

Bar Association, Allahabad vs. State of U.P. & Ors.1 as well as the decision

of a coordinate Bench of this Court in Pawan Aggarwal vs. State of Uttar

Pradesh2, we direct that the interim order passed by the High Court on Writ

Petition No. 5187/2009, renumbered as Writ Petition No. 3735/2023, shall

continue till its disposal. As a consequence thereof, the impugned order of the

relevant magistrate and the court of sessions shall stand set aside.

5. We request the High Court to decide the said writ petition in accordance

1 (2024) 6 SCC 267 2 Crl. Appeal No. 1307/2024

1

with law as early as possible, subject to its convenience.

6. The appeal stands allowed.

7. Pending application(s), if any, stand disposed of.

8. We appreciate the invaluable assist...

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