Remanded

Chandan Bose v. State of U.P. and Anr.

Allahabad HC8 Aug 2019A227/5781/2019

Case brief

AI extract

What is this about?

This is an Article 227 writ petition seeking to quash an order dismissing the petitioner's criminal appeal as not pressed. The High Court held that dismissal was impossible since the petitioner was represented by counsel and quashed the order.

What did the court decide?

The impugned order dated 06.06.2019 is quashed; the matter is remitted to the Special Judge to hear the appeal on merit within six months.

Chandan Bose Vs State of U.P. and Anr. — Criminal Trial and Appeal | Allahabad HC (2019)

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Court No. - 69 Case :- MATTERS UNDER ARTICLE 227 No. - 5781 of 2019 Petitioner :- Chandan Bose Respondent :- State Of U.P. And Anr. Counsel for Petitioner :- Shyam Singh Somvanshi Counsel for Respondent :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard Sri Shyam Singh Somvanshi, learned counsel on behalf of petitioner and Sri Azad Singh, learned AGA for the State.

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The present petition has been filed for setting aside the order dated 06.06.2019 passed by Special Judge/Additional Sessions Judge Court No. 4, Mathura and also seeking a suitable direction to the Special Judge/Additional Sessions Judge Court No. 4, Mathura to hear and forthwith decide the Criminal Appeal No. 41 of 2019, Chandan Bos Vs. State of U.P. on merit.

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Learned counsel for the petitioner has submitted that appeal of the petitioner was dismissed as not pressed which is an impossibility because petitioner is behind the bar and in no way petitioner can have any benefit for withdrawal of appeal filed by him against the order of conviction dated 21.01.2019. It is further submitted that there are as many as 100-150 accused in the case out of whom 47 were convicted and number of appeals were filed and it appears the appeal of petitioner has been dismissed because of some misconception by the appellate court. The impugned order dated 06.06.2019 passed by Special Judge/Additional Sessions Judge Court No. 4, Mathura does not decide the appeal on merit therefore the same deserves to be quashed.

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In view of the above submission the order dated 06.06.2019 passed by Special Judge/Additional Sessions Judge Court No. 4, Mathura is hereby quashed and the matter is remitted back to the court below to hear Criminal Appeal No. 41 of 2019, (Chandan Bos Vs. State of U.P.) and pass a fresh order in accordance with law preferably within a period of six months from the date of production of a certified copy of this order before him.

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With the above direction the petition is finally disposed off.

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Order Date :- 8.8.2019/Arti

Chandan Bose v. State of U.P. and Anr.

Case brief

What is this about?

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Chandan Bose v. State of U.P. and Anr.

Case brief

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What did the court decide?

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