ITEM NO.1721 COURT NO.5 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). 894/2023
LUVKESH DWIVEDI @ LOKESH Petitioner(s)
VERSUS
THE STATE OF UTTAR PRADESH & ANR. Respondent(s)
(FOR ADMISSION and I.R. and IA No.7471/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.7473/2023-EXEMPTION FROM FILING O.T. and IA No.7476/2023-EXEMPTION FROM SURRENDERING WITHIN TIME)
Date : 20-01-2023 This petition was called on for hearing today.
CORAM :
HON’BLE MS. JUSTICE BELA M. TRIVEDI [IN CHAMBER]
For Petitioner(s)
Mr. Shail Kumar Dwivedi, AOR
Ms. Vibha Dwivedi, Adv.
Mr. Siddharth Krishna Dwivedi, Adv.
For Respondent(s)
UPON hearing the counsel the Court made the following
O R D E R
It is submitted by the learned counsel for the applicant/petitioner that this Court, in an earlier round, vide order dated 6th December, 2022 had continued the interim protection granted to the petitioner for a period of six weeks in Criminal Appeal No.2176 of 2022, while remanding the matter to the High Court with the expectation that the same shall be decided expeditiously within a period of six weeks. He further submitted that the High Court vide order dated 22nd December, 2022 has1 rejected the bail application of the petitioner without giving proper opportunity of hearing to the petitioner.
It appears that the petitioner did not remain present before the High Court despite the Criminal Miscellaneous Bail Application No.10791 of 2017 was listed twice. Thereafter, the impugned order was passed by the High Court, against which the petitioner has filed the Special Leave Petition before this Court. In view of these circumstances, as prayed, ten days’ time is granted to the petitioner to surrender.
In the meantime, learned counsel for the petitioner states that he will do the needful for listing of the Special Leave Petition for hearing.
Subject to the aforesaid, the application for
exemption from surrendering is disposed of.
(ANITA MALHOTRA) (KAMLESH RAWAT)
AR-CUM-PS COURT MASTE 2