Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 14205 of 2007 Petitioner :- Tasneem Khan @ Shauli & Others Respondent :- State Of U.P. & Others Petitioner Counsel :- K.K. Singh Respondent Counsel :- Govt. Advocate,Bal Dev Raj Hon'ble Amar Saran,J.
Hon’ble Arvind Kumar Tripathi,J.
Heard learned counsel for the applicant, Shri Baldev Raj, learned
counsel appearing on behalf of Smt.Rahila Siddiqui, respondent no.4.
The present application has been filed for modification of the interim
order dated 29.6.09 and for increasing the amount of Rs.3000/- to
Rs.25,000/- towards expenses for appearing before the Mediation
Centre. However, the prayer is to score out the order dated 27.10.09
dismissing the writ petition as infructuous and also to direct the
Registry of this Court for preparation of the Index in the present case.
Learned counsel for the applicant submitted that Rs.3,000/- was not
sufficient for expenses to appear before the Mediation Centre. He read
the order dated 29.6.09 and the order passed in different case regarding
payment of cost. He further submitted that on 27.10.09 that since the
charge sheet was submitted hence counsel for the petitioner did not
want to press the writ petition the writ petition was dismissed as not
pressed but the order was transcribed as follows:
“Learned counsel for the petitioners states that in this case after
investigation the charge sheet has been submitted.
In this view of the matter this writ petition has become infructuous.
It is accordingly dismissed. Interim order is vacated.”
He also submitted that Registry of this Court be directed to prepare
Index of all the papers filed in the present case.
The prayer is for modification of the order dated 29.10.09 which was an
interim order. With the consent of the parties the order was passed and
the matter was referred to the Mediation Centre, hence there is no
question of modification of the aforesaid order at this stage particularly
when the writ petition has already been dismissed and the aforesaid
interim order dated 29.10.09 has already been vacated vide order dated
29.10.09.
So for as the prayer to score out the order dated 27.10.09 dismissing the
writ petition as infructuous is concerned since the charge sheet was
submitted and the counsel for the petitioner submitted that the matter
became infructuous after submission of the charge sheet, hence he did
not want to press the writ petition. Accordingly the writ petition was
dismissed.
No application has been moved on behalf of the petitioner for recalling
or modification of the order dated 27.10.09 as he is not aggrieved with
the order. The writ petition was not pressed as the same has become
infructuous. Accordingly it was dismissed or writ petition is dismissed
as not pressed or as infructuous will make no different at this stage.
Mr.S.F.A. Naquvi, learned counsel stated that he has no instruction in
this writ petition.
In view of the fact no modification of the order dated 27.10.09 is
required. Since the writ petition has already been dismissed and the
interim order has already been vacated hence third prayer for
preparation of Index is also liable to be rejected.
In view of the above we are not inclined to modify the aforesaid orders.
Accordingly the modification application dated 24.11.09 is hereby
rejected.
Order Date :- 5.1.2010
Rk