Madhya Pradesh High Court

Chandu @ Chandrabhan vs The State Of Madhya Pradesh on 1 May, 2025

Author: Anand Pathak

Bench: Anand Pathak

                                                             1                              CRA-3968-2020
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                     CRA No. 3968 of 2020
                                       (CHANDU @ CHANDRABHAN Vs THE STATE OF MADHYA PRADESH )



                          Dated : 01-05-2025
                                Shri Ashok Jain- Advocate for appellant.
                                Shri    D.S.    Kushwah-         Additional   Advocate     General   for
                          respondent/State.

This criminal appeal has been filed by the appellant against the judgment dated 06.03.2020 passed by the Second Additional Judge to the

Court of First Additional Sessions Judge, Ashoknagar in S.C.No.25/2017.

Taking exception to the judgment passed by trial Court, this Criminal Appeal No.3968/2020 was initially filed through the Legal Aid Authority by one Advocate- Shri Gopal Prasad Chaurasiya, however, later on, Shri Ashok Jain was engaged by party as Counsel for appellant. Therefore, once appellant engaged another counsel to advance his case, then scope of legal assistance through Legal Aid constricts because the appellant himself is having faith over other counsel.

Accordingly, IA No.7205/2024, an application for change in counsel

along with affidavit is taken up, considered and allowed for the reasons mentioned therein.

Another Criminal Appeal No.4944/2020 was filed by same appellant through his counsel Shri Vishambar Dayal Mishra and Shri B.D. Mahour. They are ready to advance arguments on its own merits. Shri Jain, therefore, intends to withdraw this appeal.

2 CRA-3968-2020 Considering the aforesaid fact that the appellant has already engaged private counsel not only by way of another appeal i.e CRA No.4944/2020, but even present Criminal Appeal No.3968/2020, therefore, no useful purpose would be served to keep this appeal pending.

Resultantly, Criminal Appeal No.3968/2020 coming from Legal Aid Authority stands dismissed as withdrawn and Criminal Appeal No.4944/2020 filed against the same judgment of conviction and order of sentence dated 06.03.2020 by the same appellant, shall be treated as the original appeal.

Ordered accordingly.

(ANAND PATHAK) (HIRDESH) JUDGE JUDGE *AVI*