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Noting that an appeal has not been listed for the last 32 years, the Allahabad High Court last week directed the office to prepare the paper book of the case on priority basis within a month and asked the matter to be listed immediately thereafter for final hearing on May 16, 2022.

The bench of Justice Ramesh Sinha and Justice Brij Raj Singh passed the order in a criminal appeal filed in the year 1989.  Court noted that it had been informed by the members of the Bar that the advocate, who was appearing on behalf of appellants, is no more.

A complaint had been filed by one Gangaram in December last year addressed to Hon'ble the Chief Justice as well as Hon'ble the Chief Minister of the State, which were received by the Senior Registrar of the high court on December 4, 2021 and February 17, 2022 respectively.

"The complainant, Gangaram is aggrieved by the fact that the present appeal which has been filed on behalf of appellants has not been listed for the last 32 years and the appellants are enjoying the liberty of bail granted to them and indulging in anti-social activities," Court stated. 

Therefore, in view of the same, Court ordered that a bailable warrant be issued against the appellants, namely, Data Prashad, Annu Alias Anil Kumar, Ashok Kumar and Nandni Devi through Chief Judicial Magistrate concerned returnable within four weeks.

Court added that if the appellants surrender or are arrested and brought before the Chief Judicial Magistrate concerned, they shall be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Chief Judicial Magistrate concerned ensuring that the appellants shall be present before the High Court on the next date fixed.

In the meantime, Court told the registry to prepare the paper book and fixed the date for final hearing in the appeal.

Case Title: Data Prashad And 3 Others v. State of U.P.