Pratap vs. The State Of Karnataka
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Order Issued After Hearing
Purpose:
Case Registered
Listed On:
27 Aug 2014
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Order Text
SECTION IIB IN THE SUPREME COURT OF INDIA CRIMINAL MISCELLANEOUS PETITOIN
PETITION FOR SPECIAL LEAVE TO APPEAL(CRL.) NO. 2055 OF 2015 WITH
CRIMINAL MISCELLANEOUS PETITION NOS. 4226, 4227 & 4228 OF 2015 (Applications for exemption from filing official
translation , Bail and Suspension of Sentence)
PRATAP AND ANR ...PETITIONERS VERSUS THE STATE OF KARNATAKA AND ANR. ...RESPONDENT
OFFICE REPORT
The application for exemption from surrendering (Crl. Misc. Application No. 17393 of 2014) in the matter above mentioned was listed before the Hon'ble Judge in Chambers on 01.09.2014 when His Lordship was pleased to pass the following order:
"The prayer for exemption from surrendring is rejected.
It is submitted by learned counsel for the petitioner that the petitioner No.1 has already been taken into custody.
Let the other two petitioners surrender to custody within four weeks failing which the special leave petition shall stand dismissed against the said two petitioners.
If the surrender certificate is filed within the time frame, the Registry shall place the matter before the appropriate Bench immediately."
It is submitted that since Counsel for the Petitioner has not filed proof of surrender of the petitioner No. 2 and 3, the Special Leave Petition stands dismissed in respect of Petition No. 2 and 3 and cause title is amended accordingly.
It is further submitted that since Counsel for the Petitioner has not filed proof of surrender of the petitioner NO.1 an office report for direction was listed before the Hon'ble Judge in Chambers on 03.12.2014 when His Lordship was pleased to pass the following order:
"Learned counsel for the petitioners submits
that petitioner No.3 has already surrendered and proof of surrender will be filed in the Registry within two weeks from today. He prays for condonng of delay in filing prof of surrender by petitioner No.3.
Delay condoned, in case, proof of surrender by petitioner No.3 is filed within two weeks from today.
Since petitioner No.2 has not surrendered so far, special leave petition by petition by petitioner No.2 is dismissed.
Causetitle be amended accordingly.
It is further submitted that in pursuance of order quoted above since counsel for the petitioner has not surrendered, the special leave petition against petitioner no. 2 is updated as dismissed and the cause title is reamended accordingly. Copy of the reamended cause title has been included in the special leave petition paper book for kind perusal of Hon'ble Court.
It is further submitted that counsel for the petitioner has on 18.12.2014 filed proof of surrender of petitioner no. 3. Copy of the same has been included in the special leave petition paper books for kind perusal of Hon'ble Court.
It is further submitted that since counsel for the petitioner has not filed proof of surrender of petitioner no. 1 an ofice report for direction was listed before the Hon'ble Judge in Chamber on 16.02.2015, where the following order was passed:
"since the special leave petition has already been dismissed qua petitioner No. 2 in view of order dated 03.12.2014, the special leave petition is now surviving only in respect of petition Nos. 1 and 3. List the matter before the Court according to its age."
It is submitted that Counsel for the petitioner has still not filed proof of surrender of petitioner No. 1 so far.
The matter above mentioned as directed is therefore listed before Hon'ble Court with this office report.
Dated this the 16th day of March, 2015.
Copy to :
Mr. Bankey Bihari, Advocate
ASSISTANT REGISTRAR
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