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2025 DAILYLAW 5537 (UTT)

ANAMIKA MISHRA v. STATE OF UTTARAKHAND

SPA/78/2025 · 2025-05-06

Alok Mahra, G Narendar

body2025

Judgment text

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2025:UHC:3536-DB 1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE CHIEF JUSTICE MR. G. NARENDAR AND THE HON’BLE JUSTICE MR. ALOK MAHRA SPA No. 78 of 2025 6th May, 2025 Anamika Mishra --Appellant Versus State of Uttarakhand and Others --Respondents ---------------------------------------------------------------------- Presence:- Mr. Sandeep Adhikari, learned legal aid counsel for the appellant. Mr. J. S. Virk, learned Deputy Advocate General for the State. ---------------------------------------------------------------------- JUDGMENT : (per Mr. G. Narendar C.J.) Perused the delay condonation application (IA No.1 of 2025), and the grounds urged in support of the application. Being satisfied with the cause shown, delay of 30 days in preferring the instant appeal is condoned, and the delay condonation application is allowed. 2. Appellant has prepared a supplementary affidavit. On the previous date of hearing, this Court, while on the verge of dismissing the appeal, gave an 2025:UHC:3536-DB 2 opportunity to the appellant to redeem herself. Today, an application is filed, whereby the appellant has offered her sincere apologies and has deposed in para nos.4 and 5 as under:- “4. That it is pertinent to mention here that the order passed by this Hon'ble Court is not reflected in writing in the order dated 28-04-2025, although the applicant/petitioner in compliance of the order of this Hon'ble Court has already prepared a Demand Draft in the name of "High Court Legal Services Committee" which is being filed herewith and marked as ANNEXUE No. 1 to this supplementary affidavit. 5. That the Hon'ble Court has also directed the applicant/petitioner to tender her apology in writing. In compliance of the order of this Hon'ble Court the present applicant/petitioner offering her sincere apologies to the esteemed court for filing continuous writ petition on the wrong legal advice. I fully recognize the importance of maintaining the dignity and integrity of the judicial process, and I deeply regret my actions that may have disrupted or disrespected the court's proceedings. I acknowledge that my conduct was inappropriate (by filing continuous writ petition on the wrong legal advice), and I understand the significance of the rules and responsibilities that govern the behavior expected in such a respected institution. I take full responsibility for my actions and realize that they were not in accordance with the high standards upheld by this court. Please know that I have learned a valuable lesson from this experience, and I am committed to ensuring that such an incident does not happen again. I deeply respect the work of the court and the significant role it plays in maintaining justice, and I hope my actions do not undermine the trust placed in me.” 3. The demand draft for a sum of Rs.50,000/- is also produced. In view of the fact that the appellant is a lady and has expressed her apologies and there is also offer to voluntarily pay the cost quantified at 2025:UHC:3536-DB 3 Rs.50,000/-, we deem it appropriate to allow the appeal, insofar as, the aspect of the cost alone is concerned. Accordingly, the appeal is allowed and the unconditional apology tendered by the appellant is taken on record and the amount of cost imposed of Rs. 1 lakh is modified and the same is quantified at Rs. 50,000/-. 4. The demand draft, bearing no.824499 drawn by the Punjab National Bank, Branch Nehru Colony, Dehradun dated 02.05.2025, for a sum of Rs.50,000/- be deposited in the account of Uttarakhand State Legal Services Authority. The original of the demand draft is handed over to the Court Master. The Court Master shall handover the same to the Member Secretary, State Legal Services Authority. (G. NARENDAR, C.J.) (ALOK MAHRA, J.) Dated: 06.05.2025 BS BALWAN T SINGH Digitally signed by BALWANT SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=fbbd191c8bdb8b16e8ca7937deaf72a17 c02fe2eacbf28cdf4ba7ce8640c5820, postalCode=263001, st=UTTARAKHAND, serialNumber=04E141DF4614F9A4D5F48346EB5 53DE5185F418755DC00A7A13C14A680C3FA90, cn=BALWANT SINGH Date: 2025.05.13 17:48:38 +05'30'