ITEM NO.1752 COURT NO.7 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). 552/2023
AJAB NARAIN BARANWAL & ORS. Petitioner(s)
VERSUS
STATE OF U.P. & ORS. Respondent(s)
(FOR ADMISSION and IA No.3418/2023-EXEMPTION FROM FILING O.T. and IA No.3416/2023-EXEMPTION FROM CUSTODY CERTIFICATE and IA No.3415/2023-EXTENSION OF TIME FROM SURRENDERING)
Date : 13-01-2023 This petition was called on for hearing today.
CORAM : HON’BLE MR. JUSTICE M.M. SUNDRESH
[IN CHAMBER]
For Petitioner(s) Mr. Ashok Kumar Singh, AOR
Mr. Shantwanu Singh, Adv.
Ms. Pragya Singh, Adv.
Mr. Akshay Singh, Adv.
For Respondent(s) Mr. Sandeep Gupta , AOR
UPON hearing the counsel the Court made the following
O R D E R
I.A. No. 3415 of 2023 is dismissed.
I.A. No. 3416 of 2023 is allowed.
I.A. No. 3418 of 2023 is allowed.
I.A. No. 8424 of 2023
Counsel for the petitioner submitted that petitioner is a retired Government servant and, therefore, exemption may be granted.
1 Counsel appearing for the caveator/complainant submitted that it is a case of concurrent finding by both the courts in rendering conviction under Section 302 IPC. It is submitted that this petitioner is also having some other cases though minor in nature.
Considering the aforesaid submissions particularly taking note of the fact that the petitioner is on bail since 16.08.2007 and exemption is sought for only till the matter is taken up before the
appropriate Bench, this Court is inclined to allow the application in I.A. No. 8424 of 2023.
Accordingly, the said application is allowed.
The Registry is directed to post the Special Leave Petition
before the appropriate Bench within a period of two weeks.
(NITIN TALREJA) (MALEKAR NAGARAJ)
COURT MASTER (SH) BRANCH OFFICER
2