RAM SHANKAR Vs. ADDL. SESS. JUDGE AND ORS.

JUDGEMENT

(1.) The present writ petition along with writ petition no.35 of 2006 (Ram Lakhan Vs. Additional District & Sessions Judge, Kanpur Nagar and others) was dismissed by this Court on 6.4.2012 as none had appeared on behalf of the petitioner to press the writ petition. Thereafter, a recall application was moved on behalf of the petitioner which was also rejected by this Court vide order dated 16.4.2012.

(2.) It appears that one one of the legal heir of the petitioner had filed a SLP before the Apex Court and the matter was remanded back to this Court by the Apex court vide order dated 11.2.2013 to decide the matter afresh in accordance with law by passing a reasoned order within a period of three months.

(3.) Earlier, the matter was listed before the different Benches of this Court and in pursuance of the judicial order dated 29.7.2013 the matter was nominated to this Bench by Hon'ble the the Chief Justice vide order dated 2.8.2013 and it came up before this Court for the first time on 13.8.2013, but on one count or the other, i.e., sometimes due to lawyers' strike or on the adjournment sought by the learned counsel for the parties, the matter could not be decided and on 17.10.2014 and 14.7.2015 it was again listed before the different Benches. As the roaster changed, the matter came up before this Court on 23.7.2015 and the connected Crl. Misc. Writ Petition No.35 of 2006 (Ram Lakhan Vs. Additional District & Sessions Judge, Kanpur Nagar and others) was not printed in the cause list with the present petition, hence it was directed to be listed in the next cause list after fresh nomination from Hon'ble the Chief Justice. The same was nominated to this Bench by Hon'ble the Chief Justice vide order dated 30.7.2015 for deciding the matter along with Criminal Misc. Writ Petition No.35 of 2006, hence, the matter came up before this Court after fresh nomination on 7.8.2015, on which date Sri Ashok Trivedi, learned counsel for the petitioner had sent an illness slip, hence the matter was directed to be listed in the next cause list peremptorily. Both the matters were listed on 14.8.2015 on which date the learned counsel for the parties were heard and further on 20.8.2015 the learned Counsel for the parties filed their written arguments and after hearing the learned counsel for the parties, the judgment was reserved on 20.8.2015.