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2025 DAILYLAW 135196 (ALL)

NAIMISH TRIVEDI THRU. SHUBHAM SHUKLA v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT., LKO. AND ANOTHER

A227/2315/2025 · 2025-04-23

Pankaj Bhatia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:23040 Court No. - 6 Case :- MATTERS UNDER ARTICLE 227 No. - 2315 of 2025 Petitioner :- Naimish Trivedi Thru. Shubham Shukla Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt., Lko. And Another Counsel for Petitioner :- Atul Verma,Vinod Kumar Yadav Counsel for Respondent :- C.S.C. Hon'ble Pankaj Bhatia,J. 1. Heard learned counsel for the parties and perused the record. 2. The present petition has been filed by the petitioner challenging an order dated 19.02.2025 whereby the application for recalling the right to adduce the evidence being D.W. 4 was rejected. 3. The contention of the counsel for the petitioner is that on the date fixed, the lawyers were on strike and the petitioner is in jail, as such, the closure of right to adduce evidence was on account of the reasons beyond the control of the petitioner. The Court below has rejected the application on the ground that the Hon'ble Supreme Court has held that the lawyers going on strike is unconstitutional. 4. Be that as it may, considering the fact that the petitioner is in judicial custody, in the interest of justice, the petitioner deserves one more opportunity to adduce the evidence. 5. In view thereof, the order dated 19.02.2025 is quashed. The petitioner would be entitled to produce the D.W. 4 by moving an appropriate application before the trial Court. The trial Court shall grant one more opportunity to the petitioner for adducing the evidence, however, in case the petitioner still delays the proceedings, the trial Court would be at liberty to reject his application. 6. The petition is disposed of in terms of the above. Order Date :- 23.4.2025 Arun Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench