NADEEM AHMAD v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS
A482/4843/2025 · 2025-06-11
Rajeev Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 145359 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 145359 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:35246 Court No. - 11 Case :- APPLICATION U/S 482 No. - 4843 of 2025 Applicant :- Nadeem Ahmad Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Salil Kumar Srivastava,Rahul Srivastava Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State.
2. Learned counsel for the applicant submits that brother of one practising advocate of District Bar Association, Bahraich was killed, thereafter, F.I.R. as Case Crime No.341/2022 under Section 302, 34 I.P.C., Police Station Dargah Shareef, District Bahraich was lodged and the charge sheet was submitted against the applicant and the trial was proceeded. He further submits that applicant engaged Mr. Brijpal Singh, Senior Advocate but after sometime, he withdrew his Vakalatnama on the basis of general resolution of local bar association, thereafter, Mr. Kadir Khan, Advocate was appointed as Amicus Curiae but due to pressure of the Executive of Local Bar Association, he is also not conducting the cross examination of the witnesses, therefore, trial court may be
directed to ensure the fair trial of case in question and also to ensure that proper cross examination may also be conducted by Amicus Curiae.
3. Learned A.G.A. opposes the prayer of the applicant and appropriate application may be moved before the trial court, in case Amicus Curiae is not cross examining the witnesses.
4. Considering the submissions of learned counsel for the parties, going through the contents of the application as well as other relevant documents, present application is disposed of with the liberty to the applicant to move fresh application before the trial court for ensuring fair trial and proper cross examination of the witnesses by Amicus Curiae who has been appointed by the trial court, in terms of provisions of Section 303 Cr.P.C.
Order Date :- 11.6.2025/GauraV/- Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench