Lalit Kumar Vs State of U.P. and 6 Others

Court No. - 37

Case :- WRIT - A No. - 1315 of 2022

Petitioner :- Lalit Kumar Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Vinod Kumar Mishra,Atipriya Gautam,Ishir Sripat,Sr. Advocate Counsel for Respondent :- C.S.C.

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Hon'ble Siddhartha Varma,J.

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Instructions filed today be kept on record.

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Aggrieved by the cancellation of the selection of the petitioner on 24.12.2021, the instant writ petition has been filed.

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Contention of the learned counsel for the petitioner is that when the notary affidavit was submitted on 26.7.2021, the petitioner had no knowledge about the first information report which was lodged on 1.5.2020 under Sections 323, 324 and 504 IPC.

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Learned counsel for the petitioner has submitted that the petitioner neither had received any summons nor he had ever been jailed and, therefore, he had no knowledge about the lodging of the first information report.

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Learned Standing Counsel, upon going through the instructions which have been received by him, however, submitted that the petitioner before filling up the affidavit should have verified that if any criminal case was pending against him.

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Having heard the learned counsel for the petitioner and the learned Standing Counsel, the Court is of the view that the petitioner may represent before the respondent no. 7 with regard to his innocence within a period of 15 days from today and the respondent no. 7 shall thereafter decide the representation of the petitioner in the light of the contents of paragraphs no. 38.1, 38.3 and 38.8 of the judgement reported in (2016) 8 Supreme Court Cases 471 (Avatar Singh vs. Union of India and others) within a period of 15 days.

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With these observations, the writ petition is disposed of.

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Order Date :- 25.3.2022 PK

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(Siddhartha Varma,J.)

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Digitally signed by PRAVEEN KUMAR Date: 2022.03.25 17:40:09 IST Reason: Location: High Court of Judicature at Allahabad

Lalit Kumar v. State of U.P. and 6 Others

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Lalit Kumar v. State of U.P. and 6 Others

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