High CourtsSingle Bench(2019) 08 PAT CK 0008

Anjani Kumar Singh vs State Of Bihar And Ors

Patna High Court · Decided on 22 August 2019

HON’BLE JUDGES
Ahsanuddin Amanullah, J
RESULT
Disposed Off
CASE NUMBER
Miscellaneous Jurisdiction Case No. 3365 Of 2018, Interlocutory Application No. 1 Of 2019, Civil Writ Jurisdiction Case No. 23927 Of 2013

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Judgment

9 paragraphs · 343 words
1.

The present Interlocutory Application has been filed on behalf of the petitioner, who is also personally present in Court, through Mr. Ajay Kumar Tiwari, learned counsel under a fresh Vakalatnama executed by him.

2.

The contention in the Interlocutory Application is that Mr. Bhola Kumar (AOR No. 01506), learned counsel through whom the application was filed has not pursued the matter in the interest of the petitioner and accordingly, when he was asked to give a No Objection Certificate, he had refused to do so. It has also been stated that the petitioner had been forced to file an application before the Registrar General of this Court seeking permission to appear through another counsel by executing a fresh Vakalatnama without taking No Objection from the earlier counsel.

3.

The prayer made in the application is to cancel the Vakalatnama executed by the petitioner in favour of Mr. Bhola Kumar, learned counsel on 27.08.2018 and further to accept the Vakalatnama executed in favour of Mr. Ajay Kumar Tiwari, learned counsel.

4.

Having regard to the aforesaid, the prayer made in the Interlocutory Application is allowed. The power executed by the petitioner in favour of Mr. Ajay Kumar Tiwari, learned counsel is accepted and the earlier Vakalatnama executed by the petitioner in favour of Mr. Bhola Kumar, learned counsel stands cancelled.

5.

The Court would only note that besides Mr. Bhola Kumar, Mr. Navin Kumar Sinha (AOR No. 05127), learned counsel who has also accepted power and had signed on the Vakalatnama, which was executed by the petitioner in favour of Mr. Bhola Kumar, in the same instrument, the deemed power executed in favour of Mr. Navin Kumar Sinha, learned counsel also stands cancelled.

6.

Interlocutory Application No. 1 of 2019, stands allowed in the aforementioned terms.

7.

Both learned counsel for the petitioner and the petitioner himself submitted that the application be permitted to be withdrawn.

8.

In view thereof, as prayed for, the present contempt application stands disposed off as withdrawn.

9.

Learned AC to AAG 5 for the State is present.