The High Court dismissed a criminal appeal that was withdrawn by the appellant with liberty to file afresh, noting procedural irregularities in the supporting affidavit.
Appeal is dismissed as withdrawn with liberty to file afresh.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 89
Case :- CRIMINAL APPEAL No. - 2577 of 2022
Appellant :- Neeraj Kumar Respondent :- State of U.P. and Another Counsel for Appellant :- Sheetal Prasad Chakravorty Counsel for Respondent :- G.A.,Raj Kumar
Hon'ble Karunesh Singh Pawar,J.
Heard learned counsel for the appellant and learned counsel for the respondent no. 2 and the learned A.G.A. for the Stat/respondent.
During hearing of the case and after going through the case file, it reveals that in Para No. 1 of the affidavit, filed in support of the appeal has been mentioned that the deponent is the brother of appellant, however name of the father of deponent and name of the father of appellant is differ, even otherwise the appellant is not in jail, and therefore, he ought to have to file the affidavit himself.
At this stage, learned counsel for the appellant submits that he may be permitted to withdraw the appeal with liberty to file afresh.
In view of the above submissions, the appeal is dismissed as withdrawn with liberty as prayed for .
Office is directed to return the certified copy of documents to the learned counsel for the appellant after retaining xerox of the same.
Order Date :- 28.7.2022 Vibha Singh
Digitally signed by VIBHA SINGH Date: 2022.08.02 14:22:45 IST Reason: Location: High Court of Judicature at Allahabad
Neeraj Kumar
State of U.P.
Another
Karunesh Singh Pawar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
