High Court issued notice to an opposite party in an application under Section 482 Cr.P.C. and advised applicants to file an application for exemption from personal appearance under Section 205 Cr.P.C. referencing Supreme Court law.
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Court No. - 14
Case :- APPLICATION U/S 482 No. - 10463 of 2024
Applicant :- Hanumandutt Tiwari And 2 Others Opposite Party :- State Of U.P. Thru. Addl. Chief Secy./Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Hemant Kumar Mishra,Abhishek Mishra,Arti Ganguly Counsel for Opposite Party :- G.A.
Hon'ble Ajai Kumar Srivastava-I,J.
1. Heard Sri Hemant Kumar Mishra, learned counsel for the applicants and learned A.G.A. for the State.
2. Issue notice to opposite party No.2, returnable at an early date.
3. Steps be taken within a week.
4. List this case immediately after four weeks alongwith service report.
5. Meanwhile, learned counsel for opposite party No.2 may file counter affidavit.
6. Learned counsel for the applicants, while pressing for the stay of proceeding till the next date of listing, has submitted that applicant No.1, Hanumandutt Tiwari is a government servant, whereas, applicant No.3 is a young man aged about 31 years, who are unnecessarily required to be present in person on the dates fixed by the learned trial court.
7. In this regard, it is needless to mention that it is
always open to the applicants to seek exemption from their personal appearance by means of moving an appropriate application under Section 205 Cr.P.C. In case, such an application is filed, the learned court shall dispose of the same having regard to the provisions contained in Section 205 Cr.P.C. and having regard to the law laid down by Hon'ble the Supreme Court in Dr. Shaila and others vs. State of U.P. and another reported in 2011 SCC OnLine All 466 .
(Ajai Kumar Srivastava-I, J.)
Order Date :- 20.11.2024 cks/-
Digitally signed by :- CHANDRA KANT SINGH High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether applicants may seek exemption from personal appearance under Section 205 Cr.P.C.
Colour shows how this judgement treated each authority
Dr. Shaila and others vs. State of U.P. and anotherReferred¶6
2011 SCC OnLine All 466 · Who else cites this
1 provisions across 1 enactments
Hanumandutt Tiwari
Ajai Kumar Srivastava
As recorded by the court registry
2 orders share this CNR
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