Vivek Kapil vs State Of M.P.
2022 Latest Caselaw 5286 MP

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         Vivek Kapil & Anr. Vs. State of M.P. (Cr.A. No. 80 of 2011)

   HIGH COURT OF MADHYA PRADESH
          GWALIOR BENCH

                    DIVISION BENCH

                    G.S. AHLUWALIA

                                  &

    RAJEEV KUMAR SHRIVASTAVA J.J.

                   Cr.A. No. 80 of 2011

                    Vivek Kapil & Anr.

                                  Vs.

                         State of M.P.

_______________________________________
      Shri Sushil Goswami and Shri Ashok Jain, Counsel for

Appellants.

      Shri C.P. Singh Counsel for State.

      Shri Sanjay Gupta, Counsel for Smt. Asha Pateriya (wife of

complainant- Omprakash Pateriya).




Date of Hearing                 : 30-03-2022
Date of Judgment                : 11th -04-2022
Approved for Reporting          :
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          Vivek Kapil & Anr. Vs. State of M.P. (Cr.A. No. 80 of 2011)

                               ORDER

11th -April -2022

Per G.S. Ahluwalia J.

This appeal was finally heard on 30-3-2022. While going

through the file, it was found that the Appellant Vivek Kapil has sent

an application by registered post dated 05-11-2021 addressed to the

Registrar to the effect that he wants to argue the matter himself and

also disengaged his previous Lawyers and sought 4 months time to

make preparation and argue. Thereafter, another application dated 9 th

March 2022 was received from Jail along with written arguments and

in the said application also, a prayer has been made to provide him an

opportunity to defend himself through Physical presence or through

Video Conferencing. Thereafter, another application dated 17-3-2022

has been received from Central Jail, Gwalior for giving him an

opportunity to defend himself and has mentioned that he doesnot

want any Private Counsel or Counsel through Legal Aid. Along with

this application also, written arguments have been sent.

None of the applications were registered as I.A.s by the

Registry of this Court and none of them were listed before the Court

for consideration.

Since, the Appellant Vivek Kapil has disengaged his Counsels

and wants to plead for himself, therefore, this Appeal cannot be

decided without giving him an opportunity of hearing.

Accordingly, this case is released and is relisted for final

Vivek Kapil & Anr. Vs. State of M.P. (Cr.A. No. 80 of 2011)

hearing on 18-4-2022.

The Superintendent of Central Jail, Gwalior is directed to make

necessary arrangements for appearance of the Appellant Vivek Kapil

before this Court on the said date at 2:15 P.M.. The Superintendent

of Central Jail Gwalior is also directed to inform the Appellant Vivek

Kapil by tomorrow, that the Appeal shall be heard finally on 18-4-

2022 and no adjournment shall be granted on any ground.

List for final hearing in the list of Final Hearing Cases on 18-4-

2022.

(G.S. Ahluwalia)                                   (Rajeev Kumar Shrivastava)
          Judge                                                        Judge
                     ARUN KUMAR MISHRA
                     2022.04.11 15:07:46 +05'30'