SHREE PRAKASH SINGH
Rohit Agarwal – Appellant
Versus
State Of U. P. , Thru. Prin. Secy. Home Lko. – Respondent
JUDGMENT :
1. At inception of argument, the learned A.G.A. has raised preliminary objection that learned counsel for the applicant has filed a supplementary affidavit dated 8.8.2023 thereby seeking the permission of this Court, for correction in the affidavit, which has been filed in support of the instant application.
2. He submits that Chapter IV Rule 18 of the Allahabad High Court Rules, 1952 (hereinafter referred to as 'the Rules 1952') provides that 'no interlineation, alteration or erasures shall be made in an affidavit after it has been sworn'. He added that there is a specific bar for any correction, alteration, etc in all affidavits filed before this Court and, therefore, it is not open for any of the applicant or petitioner or the person who has sworn in the affidavit, to subsequently ask for any change, in the affidavit and, therefore, submission is that the applicant may not be permitted to correct the affidavit and, therefore, the instant application may be dismissed on this ground alone.
3. Replying the aforesaid objections, the counsel for the applicant submits that the provisions of oath or affirmation by a deponent, has been prescribed under Chapter IV Rule 17 of Rule
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