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2011 DIGILAW 1516 (SC)

State of U. P. v. Pragyesh Misra

2011-12-09

H.L.GOKHALE, R.M.LODHA

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JUDGMENT : R.M. Lodha and H.L. Gokhale, JJ. We have heard Mr. U.U. Lalit, learned Senior Counsel for the petitioner - State of U.P. and Mr. Ashok Desai, learned Senior Counsel for the respondent. 2. State of U.P. has preferred this Special Leave Petition being aggrieved by the observations made by the High Court while deciding the petition under section 482 of Code of Criminal Procedure (Cr. P.C.) which was filed by the present respondent. 3. The apprehension of the petitioner is that the observations of the High Court are likely to influence the proceedings in the trial. 4. The apprehension of the petitioner is misconceived and unfounded. The observations in the impugned order are confined to the consideration of the petition under section 482, Cr. P.C. Obviously, in this view of the matter, such observations cannot and shall not have any bearing in the course of trial or the proceedings before the Trial Court in any manner whatsoever. The Trial Court shall consider the matter on its own merits uninfluenced by any observations as made in the impugned order of the High Court. 5. Special Leave Petition is disposed of accordingly. Petition disposed of.