The Delhi High Court on Wednesday refused to pass any order on the plea of Vikas and his cousin Vishal Yadav, seeking to restrain the trial court from pronouncing the judgment in the Nitish Katara murder case, saying that it has become infructuous.
"In view of the verdict passed by the trial court, the application of Vikas and his cousin Vishal in the Nitish Katara murder case becomes infructuous," Justice G S Sistani said. The court also refused the plea of convicts to list their application along with the appeal, challenging the trial court's order which would be filed later by them.
Appearing before the high court, senior advocate R K Anand said, "It was unfortunate that the judgment was passed by the trial court despite our attempt to file an affidavit with regard to the application which is pending here."
Within hours after a trial court had on Tuesday reserved its verdict in the six-year-old sensational murder case, Vikas moved the high court which had agreed to hear his plea. In their plea, the accused had challenged the trial court's order dismissing their plea to re-examine last seen evidence Ajay Katara in the wake of a CD purportedly showing collusion between the witness and the complainant Neelam Katara.
Taking note of the fact that no stay was granted on the trial court's proceedings, Additional Sessions Judge Ravinder Kaur pronounced the order before the High Court could take up the application for hearing.
