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SATYENDRA KUMAR v. THE STATE OF UTTAR PRADESH

Supreme Court of India | Diary 638/2024

Status

Order

Decided On

2024-03-11

Bench

HON'BLE MR. JUSTICE ABHAY S. OKA and HON'BLE MR. JUSTICE UJJAL BHUYAN

Petitioner

SATYENDRA KUMAR

Respondent

THE STATE OF UTTAR PRADESH

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Full Judgment Text

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IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO(S). 2024 (@ SPECIAL LEAVE PETITION(CRL.) NO(S). 1560 OF 2024)

SATYENDRA KUMAR …….APPELLANT(S)

VERSUS

THE STATE OF UTTAR PRADESH & ORS. …….RESPONDENT(S)

ORDER

1. Heard the learned counsel appearing for the parties.

2. Leave granted.

3. A perusal of the impugned order shows that there is absolutely

no consideration of merits of the case made by the appellant for

quashing the impugned First Information Report.

4. Therefore, we set aside the impugned order dated 20th

September, 2023 and restore the Criminal Misc. Writ Petition No.

12872 of 2023 to its original number to the file of the High Court.

5. We direct that the restored petition being Criminal Misc. Writ

Petition No. 12872 of 2023 shall be placed before the appropriate

roster Bench on 8th April, 2024 at 10:30 a.m. The appellant and the

respondent No. 1-State will remain present before the Court on that

date.

6. A copy of this order shall be forwarded by the Registry to the

Registrar(Judicial) of the Allahabad High Court.

7. All questions are kept open to be decided by the High Court.

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8. The appeal is, accordingly, allowed.

9. The interim order dated 22nd January, 2024 shall continue for a

period of eight weeks from 8th April, 2024 to enable the High Court

to consider the prayer for interim relief.

10. Pending application(s), if any, s...

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