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High Court of DelhiW.P.(CRL)/1471/2024

Amit Shukla v. State NCT Of Delhi And ANR

2024-06-05Hon'Ble Mr. Justice Vikas Mahajan2 pages

$~108 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 1471/2024 AMIT SHUKLA .....Petitioner Through:

Mr. Utkarsh Singh, Advocate.

versus STATE NCT OF DELHI AND ANR .....Respondent Through:

Mr. Sanjeev Bhandari, ASC with Insp Sahi Ram, PS Vasant Vihar Mr.Vineet Dhanda, Advocate.

CORAM:

HON'BLE MR. JUSTICE CHANDRA DHARI SINGH

O R D E R

% 25.11.2024 CRL.M.As. 24955/2024 & 28549/2024 1.

Mr. Bhandari, learned ASC appearing for the State submitted that signature of the applicant/Amit Shukla, who is also petitioner No.7 in W.P. (CRL) 2648/2024, on the petition/application prima facie seem to be different and therefore, he prayed that Amit Shukla may be asked to appear from jail through VC for clarification whether he has signed the application or petition as petitioner No.7 in W.P. (CRL) 2648/2024. He also prayed that the concerned Jail Superintendent may be directed to ensure appearance of the detenu, Amit Shukla from jail through VC on the next date of hearing. 2.

Mr. Bhandari, learned ASC also pointed out that in support of the instant application i.e., CRL.MA. 28549/2024, affidavit has been filed by one Chiranji Lal and not by the petitioner himself. 3.

Learned counsel appearing on behalf of the applicant submitted that The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/11/2024 at 12:28:46

affidavit in support of the aforesaid application has been filed by mistake. 4.

In view of the forgoing submissions, this Court prima facie is of the view that since no application has been filed by the petitioner/applicant for withdrawal of the affidavit filed in support of CRL.MA. 28549/2024, prior to pointing out by the learned ASC, the affidavit is not filed by the Pairokar or applicant himself.

5.

Mr. Bhandari, learned ASC submitted that the conduct of the counsel for the applicant is not appropriate and fair, and this Court may initiate appropriate inquiry in the instant petition.

6.

Taking into consideration the statement and submissions made by the learned ASC appearing for the State and perusal of the records, the concerned Jail Superintendent is directed to ensure presence of the detenu, Amit Shukla through VC on the next date of hearing. After taking into consideration the statement of the applicant on the next date and submissions of the learned ASC, this Court would pass appropriate orders. 6.

List on 4th December, 2024.

CHANDRA DHARI SINGH, J NOVEMBER 25, 2024 NA/ryp Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/11/2024 at 12:28:46