Disposed

Dr. Krishna Murari Agarwal v. State of U.P. and Another

Allahabad HC16 Feb 2023A482/5328/2021

Case brief

AI extract

What is this about?

The applicant, a 73-year-old retired doctor living outside U.P., filed an application challenging trial proceedings due to physical constraints. The court disposed of the petition without deciding merits, directing the trial court to permit the applicant's appearance through counsel only and exempt him from personal appearance unless strictly necessary.

What did the court decide?

Directed trial court not to insist on personal appearance; applicant to appear through counsel; exemption application may be allowed for specific dates.

Dr. Krishna Murari Agarwal Vs State of U.P. and… — Criminal Trial and Appeal | Allahabad HC (2023)

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Court No. - 87

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Case :- APPLICATION U/S 482 No. - 5328 of 2021

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Applicant :- Dr. Krishna Murari Agarwal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sudhanshu Kumar,Abhinav Gaur,Ankit Shukla,Swapnil Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Dinesh Kumar Singh,J.

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Heard Mr. Anoop Trivedi, learned Senior Advocate, assisted by Mr. Ankit Shukla, Advocate, for the petitioner as well as Mr. J.P.S. Chauhan, learned Additional Government Advocate, representing the respondent - State, and gone through the entire file.

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By way of this petition under Section 482 CrPC, the petitioner has prayed for quashing of the entire proceeding of Sessions Case No.1180 of 2020 (State of U.P. Vs. Dr. Krishna Murari Agarwal), arising out of Case Crime No.0243 of 2018, under Sections 409, 420, 467 and 468 IPC read with Sections 13(1)(a) and 13(2) of the Prevention of Corruption Act, 1988 lodged at Police Station Kotwali, District Azamgarh, pending in the Court of Additional Sessions Judge/Special Judge, Anti-Corruption, Court No. 5, Gorakhpur, for quashing of the order dated 17.12.2020 by means of which the petitioner has been summoned to face trial and for quashing of the charge-sheet no. 3 of 2020 dated 01.10.2020.

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After arguing at some length, Mr. Anoop Trivedi, learned Senior Advocate, submits that he does not press this petition on merit and the petitioner is ready to face trial. It is further submitted that the petitioner is 73 years old and he got retired in the year 2010; he is facing health problem because of his age and at present he is not residing in U.P.; he lives with his daughter in Gujarat and the case in question is going-on in Azamgarh. It is, therefore, submitted that considering the age of the petitioner, the trial Court may not insist upon appearance of the petitioner on each & every date. However, whenever his appearance would be required, the petitioner shall appear before the trial Court and cooperate in trial.

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Mr. J.P.S. Chauhan, learned Additional Government Advocate, does not have any serious objection on the said submission.

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In view thereof, the present petition is disposed of with a direction to the trial Court not to insist upon personal appearance

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of the petitioner, if it is not so required on a particular date, and his application for exemption may be allowed for the particular date. However, the petitioner shall appear through counsel on each & every date and will cooperate with the trial.

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With the aforesaid direction, the present petition stands disposed of. Interim order, if any, stands vacated.

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[D.K. SINGH, J.]

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Order Date :- 16.2.2023 MVS/-

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Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad

Dr. Krishna Murari Agarwal v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Dr. Krishna Murari Agarwal v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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