Supreme Court – Daily Orders
Kalpu @ Kalpnath vs State Of U.P on 2 July, 2025
ITEM NO.20 COURT NO.13 SECTION II
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
PETITION(S) FOR SPECIAL LEAVE TO APPEAL (CRL.) NO(S).9201/2025
[ARISING OUT OF IMPUGNED FINAL JUDGMENT AND ORDER DATED 13-02-2025
IN A482 NO. 40790/2024 PASSED BY THE HIGH COURT OF JUDICATURE AT
ALLAHABAD]
KALPU @ KALPNATH & ANR. PETITIONER(S)
VERSUS
STATE OF U.P. & ANR. RESPONDENT(S)
(FOR ADMISSION AND I.R.
IA NO. 147317/2025 - EXEMPTION FROM FILING O.T.)
Date : 02-07-2025 This matter was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE MANOJ MISRA
HON'BLE MR. JUSTICE NONGMEIKAPAM KOTISWAR SINGH
For Petitioner(s): Mr. Harvinder Chowdhury, AOR
Dr. Nishesh Sharma, Adv.
Ms. Leelawati, Adv.
Mr. Rakesh Kumar, Adv.
Mr. Atul Kumar Yadav, Adv.
Mr. Sahitya Singh, Adv.
For Respondent(s) :
UPON hearing the counsel the Court made the following
O R D E R
Heard counsel for the petitioner.
The Special Leave Petition assails an order of the
High Court dated 13.02.2025 by which the application of
the petitioner under Section 482 of the Code of Criminal
Signature Not Verified
Procedure (for short, “CrPC”) has been dismissed.
Digitally signed by
BORRA LM VALLI
Date: 2025.07.03
17:40:33 IST
Reason: The said application was filed before the High Court
challenging the order of the trial court rejecting the
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discharge application filed by the petitioners with
reference to FIR No.127 of 2004.
Before the trial court where the discharge
application was submitted, a ground was taken that the
petitioner was not supplied requisite papers as required
by the provision of Section 207 CrPC.
The trial court rejected the discharge application
by taking into account that this was a case where the FIR
was lodged in 2004; the charge sheet was submitted on
30.09.2004 against several accused including the
petitioners/by showing them as absconders; and the trial
proceeded against the arrested accused resulting in their
conviction.
Aggrieved by the order of the trial court, the
petitioner filed the application under Section 482
Cr.P.C. before the High Court. The main ground pressed
before the High Court was that requisite papers as
required by Section 207 CrPC were not provided to the
petitioners.
The High Court dealt with the aforesaid submission
and rejected the same on the ground that in the committal
order there was an observation with regard to providing
the requisite documents of which there was no specific
denial.
Here also, before us, the learned counsel for the
petitioners has submitted that there was non-compliance
of the provisions of Section 207 CrPC and therefore, the
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right to fair trial has been violated.
During the course of hearing, we put a specific
question to the learned counsel for the petitioners as to
whether any specific application was moved by the
petitioners, before submitting the discharge application,
complaining non-supply of documents under Section 207
CrPC. To this specific query, the learned counsel for the
petitioners submitted that there was no such application
filed, though there may be an oral prayer, in that
regard.
Be that as it may, considering the facts of the
case, we decline to exercise our discretionary
jurisdiction under Article 136 of the Constitution of
India.
The Special Leave Petition is dismissed.
Pending application(s), if any, shall stand disposed
of.
(B. LAKSHMI MANIKYA VALLI) (AVGV RAMU)
COURT MASTER (SH) COURT MASTER (NSH)
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