Dr. Vinay Kumar Mishra vs State Of U.P. And 2 Others
2023 Latest Caselaw 36287 ALL

Allahabad High Court

Dr. Vinay Kumar Mishra vs State Of U.P. And 2 Others on 21 December, 2023

Author: Ajit Kumar

Bench: Ajit Kumar

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:242268
 
Court No. - 34
 

 
Case :- WRIT - A No. - 20440 of 2023
 

 
Petitioner :- Dr. Vinay Kumar Mishra
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Raghwendra Prasad Mishra,Avneesh Tripathi
 
Counsel for Respondent :- C.S.C
 

 
Hon'ble Ajit Kumar,J.
 

1. Learned Additional Chief Standing Counsel, Mr. S.K. Pal has obtained instruction in the matter and as per instructions special appeal has been filed against the judgment passed in identical matters. However, in the matter of Surendra Nath Singh v. State of UP & ors (Writ- A No.8491 of 2020), the special appeal had been withdrawn.

2. In such a case, I have passed a detailed order on 27.09.2023 in Writ -A No.16153 of 2023 (Dr. Niyamtullah Khan v. State of UP & ors).

3. Learned Standing Counsel only takes plea of pending appeal but does not dispute that matter of petitioner stands covered as far as legal position is concerned by the judgment and order passed in Surendra Nath Singh (supra) which has been followed in Dr. Niyamtullah Khan (supra).

4. In view of the above, this petition stands disposed of in view of order passed by this Court in Writ-A No.16153 of 2023 being identical to the present one and consequently, the order impugned dated 28.11.2023 is hereby quashed.

5. Consequences to follow.

Order Date :- 21.12.2023

P Kesari