Santosh @ Tidke vs State Of U.P.
2016 Latest Caselaw 2259 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 45
 

 
Case :- CAPITAL CASES No. - 2330 of 2011
 

 
Appellant :- Santosh @ Tidke
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- From Jail,S.P.Sharma
 
Counsel for Respondent :- A. G. A.
 

 
Hon'ble Shashi Kant Gupta,J.

Hon'ble Kaushal Jayendra Thaker,J.

This Court on 1.8.2013 passed the following order:-

"Hon'ble Dharnidhar Jha,J.

Hon'ble Pankaj Naqvi,J.

An application along with an affidavit has been filed seeking the intervention of this Court to adjudge the appellant Santosh @ Tirke, as a juvenile.

We find that an order had already been obtained by the appellant from an appropriate forum, i.e., the Addl. Sessions Judge, Court No.1, Jhansi, which is dated 07.07.2010.

The submission was that that particular order was challenged in a criminal revision petition and that was dismissed in default and for the restoration of the revision petition, the appellant has filed a criminal misc. restoration application, which is yet to be listed before the appropriate bench.

This Court does not want to express any opinion on the present prayer, which has been made before us and leaves the matter at the stage presently as it is with further direction to the appellant to prosecute his restoration application, so as to getting his revision petition restored and then to prosecute his revision petition. This death reference should be de-listed.

The present death reference should not be listed before any bench for the whole month of August, during which period, it is expected that the appellant should have obtained the appropriate order from the revisional court. The revision and the connected appeal be listed in the first week of September, 2013 as per the roster of the Court.

Order Date :- 1.8.2013"

Office has submitted its report dated 2.3.2016 indicating that Criminal Misc. Recall/Restoration Application No.122090 of 2013 filed by the appellant in Criminal Revision No.4154 of 2010 has been restored and decided on 19.2.2016, as such, the criminal revision filed against order dated 7.7.2010 passed by Addl. Sessions Judge, Court No.1, Jhansi, rejecting the application of the appellant is pending.

Before we proceed in Criminal Appeal, it is necessary that Criminal Revision No.4154 of 2010 should be decided.

Let this appeal be listed after the decision in the aforesaid Criminal Revision.

Order Date :- 5.5.2016

Irshad