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NON-REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 156-157 OF 2017 [@ SPECIAL LEAVE PETITION (CRL) NO. 589-590 OF 2017

[@ SPECIAL LEAVE PETITION (CRL).....CRL.M.P. NO.1178 OF 2017]

VODAFONE MOBILE SERVICES LTD (FORMERLY KNOWN  AS VODAFONE SOUTH LTD)   APPELLANT(S)

                               VERSUS LALIT K GUPTA                                 RESPONDENT(S)

J U D G M E N T KURIAN, J. 1. Delay condoned.   2. Leave granted.   3. In the nature of the order we propose to pass, it is not necessary to issue notice to the respondent.

4. In CRM No. M-25888 of 2013 (O & M) on the file of the High Court of Punjab and Haryana, the appellant was granted an interim order on 08.08.2013 in respect of the proceedings pending before the Trial Court in Crl. Complaint No. 8 of 2012 on the file of JMIC, Chandigarh.  It appears that the High Court was not quite happy with the fact that when the matter was called  out for  final hearing,  the counsel  for the petitioner before the High Court was not ready and

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hence, the interim order was vacated.

5. Sh.  Siddharth  Luthra,  learned  senior  counsel appearing  for  the  appellant  before  this  Court, submits that the petitioner before the High Court was always  ready  except  only  on  that  day  due  to  some inconvenience to the learned senior counsel appearing in the matter.

6. Be that as it may, it is seen that the appellant has immediately filed CRM No. 38447 of 2016 in CRM No. M-25888 of 2013 praying for recall of the order dated 26.09.2016 and requested for continuance of the interim order till the matter is disposed of by the High Court.

7. The  said  petition  is  pending  before  the  High Court.  Meanwhile, the learned Magistrate has issued summons since the interim order had been vacated. 8. Having heard the learned senior counsel appearing for the appellant and having regard to the facts and circumstances referred to above, we are of the view that the interest of justice would be served if the High Court is requested to dispose of Crl. M.P. No. 38447  of  2016  along  with  CRM  No.  M-25888  of  2013 expeditiously  and  defer  the  proceedings  before  the Magistrate till such time.

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9. We dispose of these appeals with a request to the High Court to dispose of Crl. M.P. No. 38447 of 2016 along  with  CRM  No.  M-25888  of  2013  expeditiously. Till the main petition is disposed of, the interim protection  originally  granted  to  the  appellant herein, as per order dated 08.08.2013 passed by the High Court, will continue.  We make it clear that this is subject to the condition that the appellant herein shall not ask for any adjournment and shall cooperate  for  expeditious  disposal  of  the  petition before the High Court.          

No costs.   .......................J.

             [ KURIAN JOSEPH ]  

.......................J.               [A.M. KHANWILKAR]  

NEW DELHI; JANUARY 20, 2017.