Citation : 2023 Latest Caselaw 14458 ALL
Judgement Date : 8 May, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 28 Case :- CRIMINAL APPEAL No. - 486 of 2003 Appellant :- Phool Chandra Respondent :- State of U.P. Counsel for Appellant :- C.B.Singh,Neelam Verma Counsel for Respondent :- Govt.Advocate Hon'ble Shree Prakash Singh,J.
Order on C.M.Application No. 01 of 2023
Learned counsel appearing for the appellant-applicant is pressing the application dated 02-05-2023 and submits that due to the reasons explained in para no. 5 of the affidavit filed in support of the application aforesaid, none could appear before this court and the order dated 07-04-2023 was passed directing the Chief Judicial Magistrate concerned to issue Non bailable warrant against the applicant-appellant. He further submits that he has newly been engaged as counsel in the instant matter. He assures the court that he will prepare and argue the case within a period of three weeks.
He submits that the appellant namely, Phool Chandra is present in person before this court and he has identified him. He next added that the appellant undertakes that he will cooperate in hearing of instant appeal and thus, the order dated 07-04-2023 may be recalled.
On the other hand, learned A.G.A. appearing for the State has no objection to the contentions aforesaid.
In view of the aforesaid submissions, the application is allowed and the order dated 07-04-2023 is hereby recalled.
Order on Appeal
List/put up this matter in the week commencing 03-07-2023 for hearing.
Office is directed to provide a copy of the Judgment and order of the trial court including the relevant papers of the lower court record to the learned counsel for the appellant on payment of usual charges.
Order Date :- 8.5.2023
AKS
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