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D. Y. CHANDRACHUD, DILIP GUPTA, SANJAY MISRA
RAM SURAT YADAV – Appellant
Versus
STATE OF U. P. – Respondent
By the Court.—On 4 September 2013, a Division Bench of this Court made a reference to the Full Bench, doubting the correctness of a judgment of a Division Bench in Rishi Kant Sharma v. State of U.P and others, 2011(6) ADJ 1 (DB). The referring judgment notes that the view in Rishi Kant Sharma is in conflict with the judgments of Division Benches of this Court in Sanjay Kumar Tyagi v. State of U.P. and others, 2005 (1) ESC 713, Chandra Prakash Singh v. State of U.P. and others, Special Appeal No. 995 of 2007, decided on 28th September, 2007 and Committee of Management v. State of U.P. and others, 2009(1) ADJ 331 (DB) : 2009(1) ESC 568. It appears that Savitri Devi was the sixth respondent to the special appeal and was the original petitioner before the learned Single Judge in that case.] Moreover, though there was a judgment of the Supreme Court in Mohd. Sartaj and another v. State of U.P. and others, (2006) 2 SCC 315, that was distinguished by the Division Bench in Rishi Kant Sharma’s case, according to the referring judgment, incorrectly. The issue, which arises before the Full Bench, is whether the judgment of the Division Bench in Rishi Kant Sharma’s case lays down the c
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