YUNUS KHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) As already recorded in the order dated 24.01.2014, this application has been moved by Sanjeeda who was alleged to be a detenue in the main writ petition which was filed by her father, Yunus Khan. Somehow this application (CRM-M No.930 of 2014), was treated to be a separate petition under Section 482 Cr.P.C., by the Registry of this Court and was listed as such, even though the power of attorney annexed with the petition is executed by the said Sanjeeda in favour of her counsel Mr. K.B. Raheja, and there is no power of attorney executed by Yunus Khan who was shown to be the petitioner in the petition/application, i.e. CRM No.930 of 2014.

(2.) The application, as a matter of fact, seeks modification of the order passed by this Court on 19.12.2013, in CRWP No.1247 of 2013. As such vide the above mentioned order dated 24.01.2014, it had been directed that the petition (CRM-M No.930 of 2014) be treated as an application moved in CRWP No.1247 of 2013 and not as a separate petition, which in any case it could not have been, in view of the fact that the title is shown to be Yunus Khan vs. State of Haryana and Ors. whereas it is moved on behalf of Sanjeeda and consequently cannot be an independent petition by Yunus Khan.

(3.) Though arguments were heard in detail and judgment was reserved on 29.1.2014, after notice had been issued on 24.1.2014, it is now seen that the application is not supported by an affidavit. The note given at the end of the petition is to the effect that the applicants' affidavit could not be filed as she is in custody.