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TMI Blog2023 (3) TMI 1422X X X X Extracts X X X X X X X X Extracts X X X X ..... Y KISHAN KAUL, HON'BLE MR. JUSTICE AHSANUDDIN AMANULLAH AND HON'BLE MR. JUSTICE ARAVIND KUMAR For the Petitioner : Mr. Sidharth Luthra, Sr. Adv. (AC), Mr. Akbar Siddique, AOR, Mr. Rajnessh Chuni, Adv., Mr. Pankaj Singhal, Adv., Mr. Ayush Anand, Adv., Mr. Shakti Singh, Adv., Mr. Parv. K Garg, Adv., Mr. Animesh Mishra, Adv., Mr. Abhishek Singh, Adv., Mr. Hasan Zaidi, Adv., Mr. Gopal Sankaranarayanan, Sr. Adv., Mr. Soumik Ghosal, AOR, Mr. Gaurav Singh, Adv., Ms. Tanya Srivastava, Adv., Mr. Sachin Pahwa, Adv. For the Respondent : Mr. S.V. Raju, Ld. ASG, Mr Sanjay Jain, Ld. aSG, Mr. Udai Khanna, Adv., Mrs. Sairica Raju, Adv., Mr. Annam Venkatesh, Adv., Ms. Priyanka Das, Adv., Mr. Mohd. Akhil, Adv., Ms. Shraddha Deshmukh, Adv., Mr. Pamesh Mishra, Adv., Mr. Ritwiz Rishabh, Adv., Mr. Padmesh Mishra, Adv., Ms. Ashima Gupta, Adv., Ms. Harshita Sukhija, Adv., Mr. Arvind Kumar Sharma, AOR, Mr. Maninder Singh, Sr. Adv., Mr. Siddharth Aggarwal, Sr. Adv., Mr. Malak Manish Bhatt, AOR, Mr. Arshdeep Singh Khurana, Adv., Ms. Neeha Nagpal, Adv., Mr. Vishvendra Tomar, Adv., Ms. Sowjhanya Shankaran, Adv., Ms. Arshiya Ghose, Adv., Mr. Vikram Chaudhri, Sr. Adv., Mr. Nikhil Jain, AOR, Mr. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... i Bhatt, Adv. State of Manipur : Mr. Pukhrambam Ramesh Kumar,AOR, Mr. Karun Sharma, Adv., Ms. Anupam Ngangom, Adv. State of Goa : Mr. Abhay Anil Anturkar, AOR HC Jammu : Mr. Anupam Raina, AOR, Mr. Siddharth Kotwal, Adv., Ms. Ana Upadhyay, Adv., Ms. Manya Harija, Adv., Mr. Akash Singh, Adv., Mr. Nihar Dharmadhikari, Adv., Ms. Samprit Baksi, Adv., Mr. Nirnimesh Dube, AOR, Mr. Akshay Amritanshu, AOR, Mr. Divyansh Singh, Adv., Mr. Ashutosh Jain, Adv., Mr. Samyak Jain, Adv. HC Himachal Pradesh : Mr. Varinder Kumar Sharma, AOR, Mr. Shantanu Sharma, Adv., Ms. Deeksha Gaur, Adv. State of Nagaland : Mrs. K Enatoli Sema, AOR, Mr. Amit Kumar Singh, Adv., Ms. Chubalemla Chang, Adv., Mr. Prang Newmai, Adv., Mr. Lokesh Sinhal, Sr. AAG, Dr. Nonika Gusain, AOR, Mr. Abhay Anil Anturkar, Adv., Mr. Dhruv Tank, Adv., Ms. Surbhi Kapoor, AOR, Ms. Pragya Baghel, Adv., Ms. Pallavi langar, AOR, Ms. Sonal Singh, Adv. HC Madras : Mr. R Ayyam Perumal, AOR (NP) HC Rajasthan : Ms. Manisha Ambwani, AOR HC Allahabad : Mr. Yashvardhan, Adv., Ms. Smita Kant, Adv., Mr. Apoorv Shukla, AOR, Mr. Puneet Chahar, Adv., Ms. Prabhleen A Shukla, Adv., Ms. Shivani Srivastava, Adv. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... happens to be from Uttar Pradesh and we are informed that orders passed specially in Hathras, Ghaziabad and Lucknow Courts seem to be in ignorance of this law. We call upon the counsel for the High Court of Allahabad to bring this to the notice of the Hon ble the Acting Chief Justice so that necessary directions are issued to ensure that such episodes don t occur, including some of the suggestions made by us above. (iii) Another aspect which is sought to be pointed out by learned counsel is that not only is there a duty of the Court but also of the public prosecutors to plead correct legal position before the Court as officers of the Court. Illustrations are being given once again where the submissions of the public prosecutors are to the contrary. In this behalf Mr. Maninder Singh, learned senior counsel submits that even in an earlier order passed by this Court in Aman Preet Singh Vs. C.B.I. Through Director, 2021 SCC Online SC 941 this aspect was flagged as under: 7. Learned counsel for the appellant has brought to our attention to the proceedings recorded on 26.08.2021 before the Magistrate to submit that the highhandedness of the respondent is apparent from the fact tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ar as the Madras High Court is concerned, none has even cared to attend the proceedings. Let the Registrar remain personally present in Court as even the arrangement for representation has not been made. (v) Mr. Siddharth Aggarwal, learned senior Counsel seeks to bring to our notice an order passed yesterday by a Bench of this Court in Criminal Appeal No. 853/2023, Mahdoom Bava vs. Central Bureau of Investigation where the issue qua how the Court deals with anticipatory bail where a person has cooperated with investigation but never arrested and charge sheet has been filed has been dealt with. He referred to the observations in para 10 and 12 as under : 10. More importantly, the appellants apprehend arrest, not at the behest of the CBI but at the behest of the Trial Court. This is for the reason that in some parts of the country, there seems to be a practice followed by Courts to remand the accused to custody, the moment they appear in response to the summoning order The correctness of such a practice has to be tested in an appropriate case. Suffice for the present to note that it is not the CBI which is seeking their custody, but the appellants apprehend that they may be rem ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... m, it is stated that some of them have filed but copies not supplied. Copy should be supplied. Similarly C.B.I., the premier investigating agency, deemed it appropriate to file the compliance report only yesterday! A copy be supplied. We grant last opportunity to the other States to file compliance reports within three weeks of order dated 03.02.2023 and if not filed let the Home Secretaries of all these States remain personally present in Court. The aforesaid chart also points out that some States have not issued standing orders namely, Tripura, Tamil Nadu, Himachal Pradesh and UT of Puducherry. Learned counsels for State of Himachal Pradesh and High Court of State of Himachal Pradesh submit that affidavits have been filed yesterday but standing orders have not been issued and the same will be issued shortly. Thus, States are also granted three weeks time to issue standing orders, failing which their Home Secretaries shall personally remain present in court. List on 02.05.2023. IA NOS. 35729/2023 AND 36585/2023 IN M.A. NO.2034/2022 Learned counsel for the State of UP submits that actually these cases relate to C.B.I. Mr. Arvind Kumar Sharma, learned counsel for ..... X X X X Extracts X X X X X X X X Extracts X X X X
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