Delhi High Court - Orders
Bs Bansal vs Government Of Nct Delhi on 25 April, 2023
Author: Anup Jairam Bhambhani
Bench: Anup Jairam Bhambhani
$~3
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 1059/2023
BS BANSAL ..... Petitioner
Through: Mr. Pramod Kumar Dubey, Senior
Advocate with Mr. Vipin Bansal, Ms.
Pallavi Garg and Ms. Aditi,
Advocates.
versus
GOVERNMENT OF NCT DELHI ..... Respondent
Through: Ms. Nandita Rao, ASC (Crl.) for the
State with Inspector Ravi Prakash
Meena, P.S.: Shahdara.
CORAM:
HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
ORDER
% 25.04.2023 CRL.M.A. No.9883/2023_(Exemption) Exemption granted, subject to just exceptions. Let requisite compliances be made within 01 week. The application stands disposed of.
W.P.(CRL) 1059/2023 By way of the present petition under Articles 226 and 227 of the Constitution of India read with section 482 of the Code of Criminal Procedure 1973, the petitioner who is an under-trial in case FIR No.277/2001 registered under sections 302/120B/34 of the Indian Penal Code 1860, impugns order dated 03.03.2023 made by the learned Additional Sessions Judge, Karkardooma Courts, Delhi Signature Not Verified Digitally Signed By:NEERAJ Signing Date:27.04.2023 W.P.(CRL) 1059/2023 Page 1 of 2 16:37:34 dismissing an application filed by the petitioner to replace the counsel appointed as Special Public Prosecutor ('SPP') in the matter vide a notification issued by the Hon'ble Lieutenant Governor, Delhi.
2. Mr. Pramod Kumar Dubey, learned senior counsel appearing for the petitioner submits that the essential challenge is that counsel appointed as SPP has been the lawyer for the complainant for several years.
3. Ms. Nandita Rao, learned ASC (Crl) appears on behalf of the State on advance copy; and submits that before issuing notice in the matter, she may be given an opportunity to take instructions with regard to the appointment made in light of what has been averred in the petition.
4. Accordingly, for Ms. Nandita Rao to take instructions, re-notify on 30th May 2023.
5. Since the next date of hearing before the learned Sessions Court is stated to be 01.05.2023, in the meantime, counsel on both sides submit that they will seek deferment of further proceedings in that court, till the next date of hearing in this matter.
ANUP JAIRAM BHAMBHANI, J APRIL 25, 2023/ak Signature Not Verified Digitally Signed By:NEERAJ Signing Date:27.04.2023 W.P.(CRL) 1059/2023 Page 2 of 2 16:37:34