Radhey Shyam Gautam vs State Of U.P. And 4 Others
2022 Latest Caselaw 1240 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 34
 

 
Case :- WRIT - A No. - 1682 of 2019
 
Petitioner :- Radhey Shyam Gautam
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Petitioner :- Vijay Gautam,Ambarish Chatterji
 
Counsel for Respondent :- C.S.C.,I.M. Kushwaha
 

 
Hon'ble Saurabh Shyam Shamshery,J.

Shri Rishabh Kesarwani, learned counsel for petitioner fairly submits that after the impugned order was passed on 8.12.2018, petitioner is now acquitted after the trial by judgment and order dated 23.11.2020 whereby petitioner was acquitted. However, this fact is still not placed before the authorities concerned and he prayed that an opportunity be granted to petitioner to place the aforesaid judgment before the authorities concerned so that an appropriate decision be taken in the light of paragraph 38.4.1 passed by the Supreme Court in the case of Avtar Singh vs. Union of India and others; 2016 (8) SCC 471.

Learned Standing Counsel has no objection if the said prayer be allowed.

In view of above submission and considering the subsequent even and also taking note that petitioner is being now acquitted from the charges of criminal case which was the basis of impugned order, therefore, an opportunity is granted to petitioner to approach the concerned authority to present his case along with relevant documents. In case, such application/representation is filed, the concerned authority is expected to consider the same, expeditiously taking note of the judgment of Avtar Singh (Supra).

With the aforesaid direction, this writ petition is finally disposed of.

Order Date :- 12.4.2022

Rishabh

[Saurabh Shyam Shamshery, J.]