Allahabad High Court
Ajay Pratap Singh @ Babloo Singh vs State Of U.P. & Ors. on 23 July, 2019
Author: Rajeev Singh
Bench: Rajeev Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 11 Case :- U/S 482/378/407 No. - 5130 of 2019 Applicant :- Ajay Pratap Singh @ Babloo Singh Opposite Party :- State Of U.P. & Ors. Counsel for Applicant :- Arshad Ahsan Siddiqui Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
It is contended that the applicant is facing trial in S.T. No. 207 of 2016 in Case Crime No. 29 of 2016, under Sections 147, 148, 149 & 302 IPC, Police Station Kotwali, District Raebareli which is pending in the Court of Additional Sessions Judge, Court No.5, Raebareli. It is further submitted that the applicant is appearing in the fifth semester of LL.B. examination from Chhatrapati Shahuji Maharaj, Kanpur University, Kanpur as per scheduled the examination is going to be commenced from 23.07.2019. It is further submitted that the applicant has moved an application before the court below for permission to appear in the said examination in the police custody but the same has been rejected on 15.07.2019.
Against the impugned order dated 15.07.2019, the present application is preferred to quash the impugned order and grant permission to the applicant to appear in the aforesaid examination.
Learned A.G.A. has opposed the prayer for quashing the impugned order as well as for granting permission to appear in the examination on the ground that the applicant is facing trial under Section 302 I.P.C.
However, it is not disputed the prayer of the applicant that he may be permitted to appear in the aforesaid examination in the police custody.
Upon consideration of the aforesaid facts and in the interest of justice, the impugned order dated 15.07.2019 is set aside and the application under Section 482 Cr.P.C. is allowed. The applicant is permitted to appear in the fifth semester examination of LL.B. from Chhatrapati Shahuji Maharaj, Kanpur University, Kanpur as per scheduled the examination is going to be commenced from 23.07.2019.
However, it is directed to the Jail Superintendent, Sitapur as well as Senior Superintendent of Police, Sitapur shall make appropriate arrangement so that the applicant may appear in the said examination as per schedule issued by the University.
It is further directed that the applicant shall be taken to the examination center in appropriate police custody and after completion of examination he shall be lodged in the District Jail Sitapur again.
Order Date :- 23.7.2019 Amit/-