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2025 DIGILAW 534 (ALL)

Prem Chandra v. State of U. P.

2025-03-26

SAMIT GOPAL

body2025
JUDGMENT : Gopal, J. 1. List revised. 2. No one appears on behalf of the applicants to press this application under Section 482 Cr.P.C. despite the fact that there are two learned counsels appearing in the matter. Learned counsel for State is present. 3. Sri Vindeshwari Prasad, learned counsel for the opposite party no.2 is also not present even when the matter has been taken up in the revised list. 4. The office through its report dated 24.03.2025 has placed on record an order dated 17.03.2025 of the Apex Court in SLP (Criminal) Diary No. 45993 of 2024 (Vineet and another Vs. State of U.P. and another) which has been communicated along with email through a letter dated 21.03.2025 of the S.G. Secretariat, Supreme Court of India, New Delhi. 5. Although there is no representation on behalf of either of the sides but the Court has perused the said order dated 17.03.2025 of the Apex Court which reads as under: " 1. Learned counsel for the petitioners prays for withdrawal of the present petition, which request is turned down. 2. On 16th December 2024, this Court had passed the following order: "Inviting our attention to the order dated 20.6.2024, passed in case Application U/S 482 No. 17250 of 2024 titled "Prem Chandra and Anr. vs. State of U.P. and Anr." learned counsel for the petitioners seek parity and thus, assails the impugned order dated 29.7.2024 passed by the High Court of Judicature at Allahabad in A482 No. 9800/2024. What weighed with the High Court in passing the impugned order is evident from para 6 thereof, which is extracted as under: "6. Learned counsel for the opposite party no. 2 submits that the present petition is on the basis of concealment of vital fact and material inasmuch as a supplementary charge sheet under Section 308 IPC has been submitted but the said fact has not been disclosed and brought on record." From the records we notice that the supplementary charge sheet/final report was filed which is at page 69, whereunder Section 308 IPC was also added in relation to the very same FIR No. 0310 dated 29.7.2023. In this view of the matter, we request the High Court to immediately take up the matter being Application No. 17250/2024 and decide the same in accordance with law within a period of four weeks from today. In this view of the matter, we request the High Court to immediately take up the matter being Application No. 17250/2024 and decide the same in accordance with law within a period of four weeks from today. The Registry is directed to immediately communicate the order to the Registrar General of the High Court of Judicature at Allahabad. The Registrar General of the High Court of Judicature at Allahabad shall place this order before the learned Chief Justice for compliance. List the matter on 30.1.2025." 3 Thereafter on 03.02.2025, this Court had passed the following order: 1. Vide order dated 16.12.2024, this Court had passed the following order:- "Inviting our attention to the order dated 20.6.2024, passed in case Application U/S 482 No. 17250 of 2024 titled "Prem Chandra and Anr. vs. State of U.P. and Anr." learned counsel for the petitioners seek parity and thus, assails the impugned order dated 29.7.2024 passed by the High Court of Judicature at Allahabad in A482 No. 9800/2024. What weighed with the High Court in passing the impugned order is evident from para 6 thereof, which 2 is extracted as under:- "6. Learned counsel for the opposite party no. 2 submits that the present petition is on the basis of concealment of vital fact and material inasmuch as a supplementary charge sheet under Section 308 IPC has been submitted but the said fact has not been disclosed and brought on record." From the records we notice that the supplementary charge sheet/final report was filed which is at page 69, whereunder Section 308 IPC was also added in relation to the very same FIR No. 0310 dated 29.7.2023. In this view of the matter, we request the High Court to immediately take up the matter being Application No. 17250/2024 and decide the same in accordance with law within a period of four weeks from today. The Registry is directed to immediately communicate the order to the Registrar General of the High Court of Judicature at Allahabad. The Registrar General of the High Court of Judicature at Allahabad shall place this order before the learned Chief Justice for compliance. List the matter on 30.1.2025." 4. We have ourselves downloaded the order dated 07.02.2025 passed by the High Court in Application u/s 482 No.17250/2024 titled "Prem Chandra & Anr. Vs. State of U.P.& Anr." and perused the same. The Registrar General of the High Court of Judicature at Allahabad shall place this order before the learned Chief Justice for compliance. List the matter on 30.1.2025." 4. We have ourselves downloaded the order dated 07.02.2025 passed by the High Court in Application u/s 482 No.17250/2024 titled "Prem Chandra & Anr. Vs. State of U.P.& Anr." and perused the same. We find that the co-accused who has filed the said petition, is simply taking adjournment(s) and not allowing the High Court to proceed with the matter. 5. In the attending facts and circumstances, we call for the file of Case No. 17250/2024 titled "Prem Chandra & Anr. Vs. State of U.P.& Anr." to the record of this Court, to be registered as a petition and heard alongwith this file. 6. Secretary General of this Court is directed to forthwith communicate the order to the Registrar General of the High Court of Judicature at Allahabad for necessary compliance. Registrar (Listing) to take follow up steps as per Rules. 7. List this petition alongwith record of Case No. 17250/2024 titled "Prem Chandra & Anr. Vs. State of U.P. & Anr.". 8. The petitioner/applicant in petition/application No.17250/2024 be also, through the counsel representing him before the High Court, as also the Trial Court, apprised of passing of this order. 9. We further direct all the petitioners including Prem Chandra in the said case No.17250/2024 to remain present in the Court on the next date of hearing. 10 List on 21.04.2025 as part heard ." 6. In view of the directions issued by the Apex Court in the said order, the office is directed to forthwith comply with the same. 7. The lawyers are abstaining from work even today which is continuing since 02:00 pm from 24.03.2025. 8. Since there is no representation on behalf of the applicants before this Court and the Apex Court in paragraph no. 8 of the order dated 17.03.2025 has directed that the petitioner/applicants in the present application be, through counsel representing before the High Court, as also the trial court be apprised of passing of the said order but since there is no representation on behalf of the applicants despite two learned counsels appearing on their behalf, the said communication cannot be done today. 9. 9. Office is directed to forthwith communicate this order to Sri Dheeraj Kumar Tiwari, Advocate and Sri Javed Alam, Advocate both appearing on behalf of the applicants whose names are printed in the cause list through an intimation regarding the order of the Apex Court and include the said communication while transmitting the records of the present matter to the Apex Court.