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2007 Supreme(Del) 2078

SHIV NARAYAN DHINGRA
Sushil Ansal – Appellant
Versus
State – Respondent


Advocates Appeared:
Ram Jethmalani, Sr. Advocate, Prem Kumar, R. Suri, Mohit Gupta and Rajesh Mahajan, for Petitioner; P. P. Malhotra, Addl. S. G., Y. K. Saxena, K. M. Tiwari, Chetan Chawla, Gaurav Sharma, for Respondents.

ORDER :- This writ petition has been filed under Section 482, Cr.P.C. read with Section 227 of the Constitution of India for (i) quashing order dated 5th September, 2007 passed by the Additional Sessions Judge; (ii) to allow further oral arguments to be addressed by petitioners before trial Court; and (iii) to allow the petitioners to place their written submissions on record.

2. The brief facts necessary for consideration of this petition are that a case under Section 304-A/304/337/338/285/287/ 436/427, IPC (known as Uphaar Tragedy Case) was fixed for delivery of judgment on 5th September, 2007. The order passed by the trial Court on 21st August, 2007 reads as under :

IN THE COURT OF MRS. MAMTA SEHGAL, ASJ, ND CBI v. Sushil Ansal etc. 21-8-2007 Present : Shri Saxena SPP for CBI All accused with their respective counsel Arguments on behalf of CBT concluded yesterday. Now to come up on 5-9-2007 for judgment Sd/-ASJ/ND/21-8-3007 On 5th September, 2007 an application made by the petitioners for filing written arguments was dismissed by the trial Court hence this petition.

3. It is submitted by the learned counsel for the petitioners that the order of the trial Court violated the princi














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