Citation : 2013 Latest Caselaw 4941 ALL
Judgement Date : 6 August, 2013
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 25 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9511 of 2012 Applicant :- Dr. Jogendra Singh Opposite Party :- State Of. U.P. Counsel for Applicant :- R.S. Chaudhary Counsel for Opposite Party :- Govt. Advocate Hon'ble Mrs. Jayashree Tiwari,J.
Case called out in the revised list.
Sri Pankaj Kumar Shukla, learned counsel for the applicant is present and informs that he has filed his parcha on behalf of the accused applicant in the office before the Joint Registrar on 23.7.2013. The perusal of the file and report of the office on record shows that parcha of the aforesaid counsel is present on the file of the case as alleged.
Heard Sri Pankaj Kumar Shukla, learned counsel for the applicant and learned A.G.A. for the State.
While I was dictating the order in open court and was considering the relevancy and admissibility of the statement of the informant, Sri Pankaj Kumar Shukla, learned counsel for the applicant interrupted. Whereupon he was again heard and after reply of the learned A.G.A., I again started dictating the order, whereupon learned counsel for the applicant vehemently stated in the court that the case be released. Whereupon I submitted that after hearing the matter at the time of passing of the order, this amounts to the unwarranted conduct of the Advocate and learned Advocate is compelling me to issue show-cause-notice against him. Whereupon he raised his hands in disrespected manner in the court and said that the court may pass whatever order, the court likes and he vehemently went out of the court room and immediately noise of some hooting of the lawyers was heard from out side of the court room and immediately within second, Mr. Pankaj Kumar Shukla, learned counsel for the applicant came back inside the court room. While another Advocate Sri Rajul Bhargava was ready to submit arguments in his case. Sri Pankaj Kumar Shukla, learned counsel for the applicant said that I am very sorry and I submit my unconditional apology to the court. Whereupon, the court observed that if you are repenting for your unwarranted conduct in court, it is alright and be careful in future and I apologized, as the matter was over.
Again when after completing the cases in court, I came to my chamber at 1 p.m. for lunch, Mr. Shukla came to my chamber with very Advocate who alleged to be grandson of the famous Author Sri Hajari Prasad Dwivedi. Though, he was never called by me. Mr. Shukla again and again expressed his sorry for the unwarranted conduct by him in court and submitted apology again.
As the matter was over and I had already apologized in an open court, I think it expedient that I should refrain from passing any order on the bail application and the case be released in the interest of justice.
List this case before another bench after obtaining nomination from Hon'ble the Chief Justice.
Order Date :- 6.8.2013
Monika
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