State of U.P Thru. Prin. Secy. Home Lko. vs Ajaj and 2 Others — Allahabad HC (2025) — LawSathi Research

State of U.P Thru. Prin. Secy. Home Lko. vs Ajaj and 2 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim procedural order: vakalatnama of counsels for respondent Nos.1 and 2 taken on record; personal appearance of respondent No.1 (Mohd. Ajaj) exempted and of respondent No.2 (Shamim Ahmad) dispensed with till further orders on the strength of their surrender and bail undertakings before the CJM, Sitapur; appeal listed for 27.02.2025; A.G.A. directed to serve copies on both counsels; paper book to be prepared.

Issue for consideration

Whether the personal appearance of respondent No.1 (Mohd. Ajaj) and respondent No.2 (Shamim Ahmad), who have surrendered before the Chief Judicial Magistrate, Sitapur and been released on undertakings to appear in person or through counsel whenever Government Appeal No. 39 of 2024 is listed, may be exempted or dispensed with for the purposes of the appeal.

Court's answer

The personal appearance of respondent No.1 Mohd. Ajaj is exempted on the undertaking given by his counsel to continue to appear on his behalf whenever the appeal is listed for hearing.

Ratio / Principle

The vakalatnama filed today by Sri Shashank Shukla, Advocate for respondent No.1, and Sri Shiv Kumar, Advocate for respondent No.2, are taken on record.

Key takeaways

The personal appearance of respondent No.2 Shamim Ahmad, who surrendered before the Chief Judicial Magistrate, Sitapur on 21.01.2025 and was bailed out on an undertaking to appear through counsel, is dispensed with till further orders of this Court.ratio¶9
The appeal is to be listed on 27.02.2025, showing the names of Sri Shashank Shukla and Sri Shiv Kumar as counsels for respondent Nos.1 and 2 respectively.ratio¶10
The learned A.G.A. is directed to serve a copy of this appeal on both the counsels for the respondents.ratio

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad, Lucknow Bench (Court No. 9), Government Appeal No. 39 of 2024 (State of U.P. v. Ajaj and 2 others) - interim order dated 22.01.2025. Vakalatnama taken on record for respondent No.1 Mohd. Ajaj (advocate Shashank Shukla) and respondent No.2 Shamim Ahmad (advocate Shiv Kumar). Both respondents had surrendered before the Chief Judicial Magistrate, Sitapur (respondent No.1 confirmed by CJM report dated 06.01.2025; respondent No.2 on 21.01.2025) and been bailed out on undertakings to appear in person or through counsel whenever the appeal is listed and to seek no unnecessary adjournments. On that basis the Court exempted respondent No.1's personal appearance and dispensed with respondent No.2's personal appearance till further orders. The appeal was listed for 27.02.2025, the learned A.G.A. was directed to serve copies of the appeal on both counsels, and the paper book was directed to be prepared. Purely administrative/procedural order; no substantive legal question decided; no statute or precedent cited.

Court No. - 9

Case :- GOVERNMENT APPEAL No. - 39 of 2024

Appellant :- State Of U.P Thru. Prin. Secy. Home Lko. Respondent :- Ajaj And 2 Others Counsel for Appellant :- G.A.

Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Om Prakash Shukla,J.

Vakalatnama filed today by Sri Shashank Shukla, Advocate on behalf of respondent No.1 and Sri Shiv Kumar, Advocate on behalf of respondent No.2, both are taken on record..

Sri Shashank Shukla, learned counsel appearing on behalf of respondent No.1 says that his client has got himself bailed out from the court of Chief Judicial Magistrate, Sitapur by giving an undertaking that he shall either appear in person or through counsel whenever the appeal is listed for hearing and he shall not seek any unnecessary adjournment.

We have also gone through the report of Chief Judicial Magistrate, Sitapur dated 06.01.2025, wherein it has been stated that respondent No.1-Mohd. Ajaj has surrendered in court and has been bailed out on giving such undertaking. We exempt the personal appearance of respondent No.1- Mohd. Ajaj on the undertaking given by his counsel to continue to appear on his behalf as and when the appeal is listed for hearing.

Sri Shiv Kumar, learned counsel appearing on behalf of respondent No.2 has identified the respondent No.2-Shamim Ahmad, who is present in person before this Court. He says that respondent No.2 has also surrendered before the Chief Judicial Magistrate, Sitapur on 21.01.2025 i.e. yesterday. He has been bailed out on giving an undertaking that he shall continue to appear before this Court as and when the appeal is listed

through his counsel and not seek any unnecessary adjournment. The personal appearance of respondent No.2 is dispensed with till further orders of this Court.

List this appeal on 27.02.2025 showing the names of Sri Shashank Shukla and Sri Shiv Kumar, as counsels for respondent Nos.1 and 2 respectively.

Learned A.G.A. is directed to serve a copy of this appeal on both the counsels for the respondents.

The paper book be prepared in the meantime.

Order Date :- 22.1.2025 Shubhankar

Digitally signed by :- SHUBHANKAR THAKUR High Court of Judicature at Allahabad, Lucknow Bench