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Office Report in Diary no. 18546 of 2022 for hearing dated 6.2.23.pdf

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Office Report in Diary no. 18546 of 2022 for hearing dated 6.2.23.pdf

  1. 1. MATTER FOR 06.02.2023 COURT NO. 3 ITEM NO. 25 SEC­X IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL JURISDICTION WRIT PETITION (CRL.) D. NO. 18546 of 2022 (UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA) WITH INTERLOCUTORY APPLICATION NO. 8023/2023 (APPLICATION FOR CONDONATION OF DELAY IN REFILING THE WRIT PETITION) WITH INTERLOCUTORY APPLICATION NO. 11921/2023 (APPLICATION FOR PERMISSION TO APPEAR AND ARGUE­IN­PERSON) WITH INTERLOCUTORY APPLICATION NO. 143346/2022 & 157294/2022 (APPLICATION SEEKING LEAVE TO FILE WRITTEN ARGUMENTS) WITH INTERLOCUTORY APPLICATION NO. 164340/2022 (APPLICATION UNDER SECTION 151 OF CPC FOR RECALL OF ORDER) WITH INTERLOCUTORY APPLICATION NO. 187397/2022 (APPLICATION UNDER SECTION 151 OF CPC FOR OBJECTION TO OFFICE REPORT DATED 26.11.2022) WITH INTERLOCUTORY APPLICATION NO. 196275/2022 (APPLICATION FOR PERMISSION TO PLACE ON RECORD SUBSEQUENT FACTS) WITH INTERLOCUTORY APPLICATION NO. 15405/2023 (APPLICATION FOR PERMISSION TO TAKE ON RECORD ADDITIONAL DOCUMENTS) WITH INTERLOCUTORY APPLICATION NO. 15979/2023 (APPLICATION FOR AMENDMENT, REVIVAL, RESTORATIOB AND CLUBBING OF E­FILED WRIT PETITION DT. 07.06.2022 ALONG WITH PHYSICALLY FILED WRIT PETITION DATED 14.06.2022) OM PRAKASH ...PETITIONER ­VERSUS­ UNION OF INDIA & ORS. ...RESPONDENTS OFFICE REPORT It is submitted that the instant matter has been filed by Mr. Om Prakash, petitioner­ in­person on 14.06.2022. It is further submitted that the Writ Petition was defective and defects were duly notified to the petitioner­in­person. The petitioner­in­person cured other defects but had not filed an application for condonation of delay in refiling the Writ Petition. For non­filing of application for condonation of delay in filing Writ Petition, the matter was listed before the Hon‘ble Court (In Chambers) on various dates and lastly listed on 06.01.2023, when the Court (In Chambers) was pleased to pass the following Order:­
  2. 2. ..2.. “The petitioner appearing party in person was heard through virtual mode and is directed to cure all the defects as pointed out by the Registry within two weeks and to appear inperson before the Registrar for interaction after curing the defects, on the date as may be directed by the Registry. List thereafter.“ It is submitted that counsel for the petitioner has on 11.01.2023 filed an application for condonation of delay of 93 days in refilng the matter (regd. as I.A. No. 8023/2023) and copy of the same has been included in paper books. It is further submitted that petitioner­in­person has on 23.09.2022 & 17.10.2022 filed applications seeking leave to file written arguments (I.A. Nos. 143346/2022 & 157294/2022). He has on 01.11.2022 e­filed an application under Section 151 of C.P.C (I.A. No. 164340/2022). Copies of all the applications have been included in paper books. It is further submitted that petitioner­in­person has on 01.12.2022 filed an application under Section 151 of C.P.C. for objection to Office Report dated 26.11.2022 (I.A. No. 187397/2022), has on 12.12.2022 filed an application for permission to place on record subsequent facts (I.A. No. 196275/2022), has on 20.01.2023 filed an application for permission to file additional documents (I.A. No. 15405/2023) and has on 21.01.2023 filed an application for amendmenr, revival, restoration and clubbing of e­filed Writ Petition on 07.06.2022 along with physically filed Writ Petition on 14.06.2022 (I.A. No.15979/2023). Copies of all the applications have been included in paper books. It is further submitted that petitioner­in­person has filed several letters and copy of the same has been placed with paper books. It is further submitted that Writ Petition (c) 90 of 2016, Writ Petition (crl) No. 136 of 2016 and Writ Petition (crl) No. 242 of 2021 reference to as list of dates have been dismissed by Hon‘ble Court on 18.4.2016, 21.10.2016, 2.5.2022 & 25.10.2021 respectively. (Record of proceedings dated 18.4.2016, 21.10.2016, 2.5.2022 & 25.10.2021 are enclosed herewith). It is further submitted that SLP(C) No. 9854 of 2012, SLP(C) No. 9483 of 2013, SLP(C)No. 19073 of 2013, Review Petition (Crl.) No. 825 of 2016, Miscellaneous Application No. 84 of 2017, Curative Petition (Crl.) D.No. 41026 of 2016, M.A. No.2836 of 2018 and M.A.No.1446 of 2020 reference to as list of dates have been dismissed by Hon‘ble Court on 23.04.2012, 01.04.2013, 05.07.2013, 01.12.2016, 14.07.2017, 17.07.2017, 07.12.2018 & 14.07.2020 respectively. (Record of proceedings dated 23.04.2012, 01.04.2013, 05.07.2013, 01.12.2016, 14.07.2017, 17.07.2017, 07.12.2018 & 14.07.2020 are enclosed herewith).
  3. 3. ..3.. It is further submitted that M.A. No.2834/2018 & M.A. D. No. 42552/2019 were lodged by Ld. Registrar on 23.08.2018 & 14.09.2020 respectively. It is further submitted that the instant matter pertains to petitioner­in­person. In Terms of Order IV Rule(1)(C) of Supreme Court Rules, 2013, Ld. Registrar (J­III) has interacted with the petitioner­in­person. Copy of Report of Ld. Registrar (J­II) is enclosed herewith. It is lastly submitted that notice to hearing was issued to petitioner­in­person on 03.02.2022 via ­email. The matter along with applications above­mentioned is listed before the Hon‘ble Court with this Office Report. Dated this the 03rd day of February, 2023 ASSISTANT REGISTRAR Copy to: Petitioner­in­Person ASSISTANT REGISTRAR

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