Uma Kant Shukla vs The State Of U.P
2012 Latest Caselaw 2389 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 26
 

 
Case :- U/S 482/378/407 No. - 1893 of 2012
 

 
Petitioner :- Uma Kant Shukla
 
Respondent :- The State Of U.P
 
Petitioner Counsel :- Abrar Ahmad,S.K Yadav "Warsi"
 
Respondent Counsel :- Govt. Advocate
 

 
Hon'ble Ajai Lamba,J.

Challenge in this petition has been made to Chargesheet No.9 dated 13th of March, 1984 in Case No.1330 of 2010, State of U.P. v. Uma Kant Shukla, under Section 5 of Explosive Substances Act, P.S. Manikpur, District Pratapgarh.

I find that the court has proceeded against the petitioner under Sections 82/83 of the Code of Criminal Procedure.  In any case, the case is highly belated, because the chargesheet was filed in the year 1984.

Sri Umesh Pratap Yadav, Advocate, has put in appearance for the petitioner, however, states that the arguing counsel is not available.

I find the affidavit filed by the deponent is not proper, if a reference is made to page 3 of the paper-book.

It appears that signatures of the deponent were got made on blank papers and thereafter the blanks have been filled.  Even the pages 3 and 4 of the paper-book are different in appearance.

List in 1st week of July, 2012.

It is, however, made clear that the trial court is at liberty to proceed with the case as per the Criminal Procedure Code.

Let a copy of this order be conveyed to the concerned court through the District & Sessions Judge, Pratapgarh.

Registrar of this Court shall ensure compliance of this order.

Order Date :- 31.5.2012

A.Nigam