- (1.) The present writ petition along with connected Writ Petition No.1328 of 2006 (Rama Shankar Vs. Additional Sessions Judge, Kanpur Nagar & 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 6.8.2012.
(2.) It appears that 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 present matter along with the connected petition was listed before the different Benches of this Court and after remand by the Hon'ble Court 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 it was again listed before the different Benches as the roaster changed, hence the matter was listed before the other Benches on different dates ,i.e., on 6.3.2014, 31.3.2014, 15.5.2014, 14.10.2014, 17.10.2014, 3.11.2014, 13.11.2014, 21.11.2014, 16.4.2015, 22.4.2015, 7.7.2015 respectively. On 23.7.2015, connected Crl. Misc. Writ Petition No.1328 of 2006 (Ram Shankar Vs. Additional Sessions Judge, Kanpur Nagar and others) was listed before this Bench but the present matter though was connected with the said petition but was not printed in the cause list, hence, on 23.7.2015 order was passed by this Bench in Crl. Misc. Writ Petition No.1328 of 2006 to list the present matter with the said petition after fresh nomination from Hon'ble the Chief Justice and 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 connected matter and it came up before this Court thereafter on 7.8.2015 on which date Sri Ashok Trivedi, learned counsel for the petitioner in the connected writ petition had sent an illness slip, hence the matter was directed to be listed in the next cause cause list peremptorily. On 20.8.2015, parties filed their written arguments and after hearing the learned counsel for the parties, the judgment was reserved on 20.8.2015.;