Abhishek Kumar @ Ankit vs State of U.P. Thru. Prin. Secy. Home Lko. and Another

Court No. - 13

Case :- CRIMINAL APPEAL No. - 1722 of 2024

Appellant :- Abhishek Kumar @ Ankit Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Appellant :- J.B. Singh Counsel for Respondent :- G.A.

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Hon'ble Saurabh Lavania,J.

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Supplementary affidavit filed today by the counsel for the appellant is taken on record.

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It is stated that prior to framing of charge, proper opportunity of hearing was not provided to the appellant and in this regard reference has been made to the following paragraphs of the supplementary affidavit:-

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"4. That from perusal of the order sheet it is crystal clear that no counsel has filed power since the date of summoning till the framing of charge dated 27.07.2023.

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5. That it is also important to mention that Vakalatnama on behalf of appellant/ accused has been filed firstly on 28.08.2023 as the copy has already annexed with Appeal.

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6. That it is very unfortunate to mention that when there was no counsel, who was heard by the special court as mentioned in the order sheet dated 20.07.2023 and in fact routine manner has followed."

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In view of the aforesaid, the trial court is directed to place it comments before this Court on or before the next date of listing.

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List/ put up this case on 13.06.2024 as fresh.

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Office is directed to communicate this order to the trial court concerned.

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Order Date :- 29.5.2024 (Manoj K.)

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Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Abhishek Kumar @ Ankit v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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Abhishek Kumar @ Ankit v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

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