Allahabad High Court
Waqil And Others vs State Of U.P. on 2 July, 2018
Bench: Amreshwar Pratap Sahi, Bachchoo Lal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 40
Case :- CRIMINAL APPEAL No. - 505 of 2011
Appellant :- Waqil And Others
Respondent :- State Of U.P.
Counsel for Appellant :- Abhay Krishna Agrawal,Mohd. Aslam Ansari,Shailendra Awasthi,Vikrant Pandey
Counsel for Respondent :- Govt. Advocate,Anil Kumar Shukla
Hon'ble Amreshwar Pratap Sahi,J.
Hon'ble Bachchoo Lal,J.
In this case, the appeal has been abated against the appellant no. 3 who has died. This fact is recorded in the order dated 23.10.2017.
The case was adjourned on three occasions either on one account or the other and came up before a Division Bench on 3rd April, 2018. The Division Bench recorded that even though the cause list indicated names of four counsel, no one had appeared, therefore, non bailable warrants were issued against the appellant no. 2 with a direction to her to appear before the concerned Magistrate and seek bail and put up her appearance before this Court. The said order was passed in order to ensure the appearance on behalf of appellants.
On 13th April, 2018, an application was filed by Sri Vikrant Pandey, Advocate, for recall of the said order on which orders were passed by this Court on 18.4.2018 to put up the application on the next day with records.
It appears that no further orders were passed on the said the application and according to the report of office, the said application was placed on record and was put up for hearing. There are no orders of the Court thereafter.
It appears that in compliance of the order dated 3rd, April 2018, the Chief Judicial Magistrate, Saharanapur on 28.4.2018 bailed out the appellant no. 2 in terms of the order of the High Court dated 3.4.2018.
The net result is that the impact of the order dated 3.4.2018 which was to ensure the presence on behalf of the appellant before this court has today been nullified by sending of an illness slip by Sri Shailendra Awasthi, one of other advocates on behalf of appellants.
List peremptorily in the next cause list.
As in our opinion, the application for recall of the order dated 3.4.2018 has become infructuous, it is accordingly, rejected.
Order Date :- 2.7.2018/Gss
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Case :- CRIMINAL APPEAL No. - 505 of 2011
Appellant :- Waqil And Others
Respondent :- State Of U.P.
Counsel for Appellant :- Abhay Krishna Agrawal,Mohd. Aslam Ansari,Shailendra Awasthi,Vikrant Pandey
Counsel for Respondent :- Govt. Advocate,Anil Kumar Shukla
Hon'ble Amreshwar Pratap Sahi,J.
Hon'ble Bachchoo Lal,J.
Ref : Cr. Misc. Recall Application No. 6 of 2018.
Rejected.
For orders see order of date passed on order-sheet.
Order Date :- 2.7.2018
Gss
