Shyam Bihari Maurya vs State Of U.P.
2017 Latest Caselaw 790 ALL

Citation : 2017 Latest Caselaw 790 ALL
Judgement Date : 17 May, 2017

Allahabad High Court

Shyam Bihari Maurya vs State Of U.P. on 17 May, 2017

Bench: Anil Kumar Srivastava-Ii




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 13
 
Case :- BAIL No. - 9873 of 2016
 
Applicant :- Shyam Bihari Maurya
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Akhilesh Kumar Pandey,Anuj Dayal,Shri Narayan Pandey
 
Counsel for Opposite Party :- Govt. Advcote
 

 
Hon'ble Anil Kumar Srivastava-II,J.

On 11.5.2017, the following order was passed:

"1. Rejoinder affidavit filed is taken on record.

2. Heard learned counsel for the applicant and learned A.G.A.

3. During the course of argument learned A.G.A. made a prayer for filing a better counter affidavit.

4. It is being observed everyday that the counter affidavits which are being filed by the State are simply narration of the first information report. Whatever evidence is collected by the Investigating Officer or the statement on which the prosecution is placing reliance or the material collected during nvestigation is not being brought on record. On the other day in another matter Additional Advocate General was asked to appear in the Court. He was apprised about the sorry state of affairs but is of no use. It is expected that whenever a counter affidavit is filed, it must be supported with a relevant material collected against the accused applicants by the Investigating Officer.

5. List on 17.5.2017."

Today, in the morning session, the learned Additional Government Advocate has submitted that the concerned officers are coming and will file the affidavit at 2:00 P.M.

When the matter was taken up again at 2:00 p.m., learned A.G.A. informed that in spite of making telephonic calls to the officers, they have not attended the Court, hence, learned Additional Government Advocate is unable to file a better counter affidavit, as directed by this Court on 11.5.2017.

This is a very sorry state of affair.

Let Principal Secretary, Law, Government of U.P., Lucknow appear before the Court on 19.05.2017 at 10:15 A.M. as he is the officer responsible for filing the counter affidavits in Court in time through concerned State Counsel.

The office is directed to ensure compliance of this order, TODAY.

Order Date :- 17.5.2017

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