Riyaz And Others vs State Of U.P.
2015 Latest Caselaw 5276 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 10
 

 
Case :- CRIMINAL APPEAL No. - 712 of 2011
 

 
Appellant :- Riyaz And Others
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- N.I. Jafri,Afshan Shafaut,Ajay Kumar Upadhyay,Hemant Kumar,Kamal Krishana,Shiraj Ahmad
 
Counsel for Respondent :- Govt. Advocate,G.S.Yadav,Satyam Singh,Shiv Nath Singh
 

 
Hon'ble Arun Tandon,J.

Hon'ble Harsh Kumar,J.

Supplementary affidavit filed today is taken on record. 

Sri Ajay Kumar Upadhyay, leanred counsel for the appellant is present.

A Division Bench of this Court vide order dated 14.9.2015 recorded that appellant no.5 had made an attempt to show his age which was not correct, and that an attempt was made to mislead the Court. The Court directed that a supplementary affidavit be filed explaining as to why action be not taken. The counsel, who had filed the third bail application has not responded to the order of the Court.

On 13.102015 this Court required the CJM, Siddharth Nagar to ensure the presence of the deponent of their affidavit namely, Iftikhar son of Shaukat Ali before this Court. On 4.11.2015, Sri Ajay Kumar Upadhyay, learned counsel for the appellants, made a statement that he shall inform Iftekhar to remain present before the Court on the next date. Today neither the counsel, who has filed third bail application is present nor Iftikhar  is present.

Report of the CJM, Siddharth Nagar referred to in the office report dated 3.11.2015 records that Iftikhar is not residing at the address disclosed in the affidavit. 

We, therefore, direct that non bailable warrant be issued against Iftikhar, he be arrested and produced before the Court by the next date. C.J.M. Siddharth Nagar may ensure compliance and execution of the non bailable warrant.  The counsel, who had filed third bail application shall also file is personal affidavit indicating as to who had instructed him to file third bail application with forged documents. 

The matter shall be listed next on 7th January, 2016.

Order Date :- 9.12.2015

Ashish Pd.