HIGH COURT OF JUDICATURE AT ALLAHABAD
Court No. – 36
Case :- CRIMINAL MISC. WRIT PETITION No. – 21733 of 2008
Petitioner :- Parvez Parwaz & Another
Respondent :- State Of U.P. & Others
Counsel for Petitioner :- S.F.A. Naqvi
Counsel for Respondent :- Govt. Advocate
Hon'ble Ramesh Sinha,J.
Hon'ble Umesh Chandra Srivastava,J.
An amendment application as well as supplementary affidavit have been filed today by learned counsel for the petitioners which are taken on record.
Heard Sri S.F.A. Naqvi, learned counsel for the petitioners and Sri Ashish Pandey, learned A.G.A. assisted by Sri Imran Saiyed, learned Brief Holder for the State.
Learned counsel for the petitioners submits that on 24.3.2017, the matter was heard by this Court on the recall/restoration application as well as on merit but due to some defect in the prayer of recall/restoration application, amendment was required in the prayer of recall/restoration application, hence he has filed the amendment application today. He prays that the same may be allowed.
Considering the submissions advanced by learned counsel for the petitioners and the averments made in the amendment application, the amendment application filed in Crl. Misc. Recall/Restoration Application No. 428513 of 2015 is hereby allowed.
Office is directed to allot regular number to it.
Learned counsel for the petitioners is directed to make necessary amendment in the said recall/restoration application during the course of the day.
Considered the submissions advanced by learned counsel for the parties and perused the record.
From a perusal of the record, it appears that the matter of sanction regarding prosecution of the accused persons is pending before the State Government and the question of grant of sanction for prosecution is to be decided by the Head of the State Government, who himself is a prime accused in the present F.I.R. lodged by petitioner no. 1.
As the said question which has crop up in the matter before this Court requires proper adjudication, learned counsel for the parties are directed to assist the Court in the matter on the next date fixed by placing legal proposition of law in the matter.
Put up the matter for further argument on 4.5.2017.
(Umesh Chandra Srivastava, J. (Ramesh Sinha, J.)
Order Date :- 28.4.2017
Shiraz