State vs Devi Sahai
2022 Latest Caselaw 5691 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

             D.B. Criminal Appeal No. 346/1989

State
                                                                         ----Appellant
                                     Versus
Devi Sahai and Ors.
                                                                       ----Respondent

For Appellant(s) : Mr. Javed Choudhary, AGA For Respondent(s) : Mr. Y.C. Sharma Mr. Harendra Singh Mr. Jaswant Rathore

HON'BLE MR. JUSTICE PANKAJ BHANDARI HON'BLE MR. JUSTICE SAMEER JAIN

Judgment / Order

22/08/2022

1. After hearing at length, it was brought to the notice of the

Court by Mr. Harendra Singh, Adv. that he is no longer counsel for

the accused. He has also informed to the Court that Mr. Y.C.

Sharma, Adv. initially filed vakalatnama on behalf of the

complainant on 20.12.1989, thereafter, he has filed vakalatnama

on behalf of the accused on 24.07.2017. Mr. Y.C. Sharma, Adv.

submitted that on account of lapse of time, he was not aware that

he has filed vakalatnama on behalf of the complainant. Since he

has filed vakalatnama on behalf of the complainant as well as on

behalf of the accused, on account of bonafide mistake, he does

not want to argue the matter.

2. In the light of the above facts and circumstances, we deem it

proper to issue bailable warrants of Rs.50,000/- to Respondents

No.1, 2 and 4 to 6. Rule is made returnable by 19.09.2022.

(2 of 2) [CRLA-346/1989]

3. It is noted by the Court that the matter is pending for last

more than thirty three years and now at this belated stage, the

Court is being forced to issue warrants on account of non-

representation of advocate which could have been avoided if no

objection certificate would have been submitted in time.

4. Registry is directed to hereforth obtain fresh vakalatnama

along with NOC from erstwhile advocate in accordance with Code

of Conduct to avoid such a situation.

5. In the light of the above, name of Mr. Y.C. Sharma, Adv. be

deleted from the cause-list.

6. The file and the paper book has been handed over to Mr.

Harendra Singh, Adv. by Mr. Y.C. Sharma, Adv. today in the Court.

7. List this matter on 19.09.2022.

                                   (SAMEER JAIN),J                                           (PANKAJ BHANDARI),J

                                   ARTI SHARMA/1









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