Uttarakhand High Court
CRLA/164/2019 on 2 March, 2022
CRLA No. 164 of 2019
With
CRLA No. 115 of 2019
CRLA No. 116 of 2019
CRLA No. 125 of 2019
CRLA No. 138 of 2019
CRLA No. 139 of 2019
Hon'ble Ravindra Maithani, J.
Mr. Rajeev Duggal, Advocate, Mr.
Ramji Srivastava, Advocate, Mr.
Priyanshu Gairola, Advocate for the
appellants.
Ms. Monika Pant, Advocate for the
CBI/respondent.
These appeals were to be decided
within a time limit, as indicated by the
Hon'ble Supreme Court. This Court failed
to decide the appeals within time for
various reasons, which is quite evident
from the perusal of the past note-sheets.
This Court, in fact, tried to complete
the hearing within a time limit, but, it
was to be re-scheduled on various
occasions. Finally, arguments were heard
and judgment reserved on 01.12.2021.
These appeals were listed for delivery of
judgment on 08.02.2022.
After the matter was listed for
delivery of judgment, A-1 moved an
application intimating this Court that A-2
has died. The Court then had no option,
but, to hear the Central Bureau of
Investigation. On that date, what
transpires, has been recorded in the
note-sheet dated 08.02.2022.
"Learned Special Public
Prosecutor for the CBI would submit
that although he does not doubt the
information given by A-1 but still the
factum of death of A-2 is to be verified.
Let CBI verify the statement given
in Miscellaneous application no. 14551
of 2022 by A-1
The CBI shall file a report with
regard to the verification or factum of
death of A-2 on or before 24.02.2022.
List all these appeals on
28.02.2022 at 10:15 a.m., as the first
case."
CBI did not file the verification
report on or before 24.02.2022 . The CBI
did not bother to inform this Court as to
why it was not done. Today, when
questioned, learned counsel for the CBI
would submit that she received a
whatsapp yesterday only. Verification
report has yet not been filed by the CBI.
This Court cannot appreciate the
way things are moving. In fact, this Court
has no hesitation and with much pain,
this Court deprecate the way CBI has
proceeded at the fag end of these appeals.
Even today, the verification report has
not been filed by the CBI. This Court has
no option, but, to adjourn the
proceedings so as to ascertain the factum
of death of A-2.
This Court requests S.S.P.
District-Aurangabad in the State of
Bihar for verification of death of Smt.
Gulab Devi, resident of Village and
Post Office Bara, District Aurangabad,
Bihar and sent a report to this Court
on or before 05.03.2022.
A copy of this order alongwith the
misc. application no. 145551 of 2022 as
filed by A-1 be immediately forwarded to
S.S.P, Aurangabad, Bihar through e-mail,
fax, speed post or any other mode, may
be courier, which may ensure delivery
within 24 hours.
List on 05.03.2022.
Let order be sent today itself.
S.S.P., Aurangabad, Bihar is
requested to forward the verification
report through e-mail, fax or any other
mode so that it may reach immediately.
Learned counsel for the State shall
also get a verification report in the
matter.
(Ravindra Maithani J.)
02.03.2022
Ujjwal
