Court No. - 23
Case :- APPLICATION U/S 482 No. - 38176 of 2018 Applicant :- Arvind Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Abhishek Mayank Counsel for Opposite Party :- G.A.
Hon'ble Shashi Kant,J.
Heard Sri Anil Kumar holding brief of Sri Abhishek Mayank learned counsel for the applicant and the learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed to direct the concern court and Superintendent of Police, District Mathura to ensure the presence/appearance of applicant before the court concern in every dates of Case Crime No. 172 of 2016 (State Vs. Yogendra and others) under sections 2/3 Gangster Act, P.S. Pisana District Aligarh.
Learned counsel for the applicant submits that the applicant is also accused in Case Crime No. 173 of 2016 (State vs. Rajeev and others, under Sections 147, 148, 149, 307, 323, 452, 504, 506, 120-B I.P.C, P.S. Eisana, District Aligarh. In this case also the Police Authorities were not permitting the applicant to appear before the Court concerned on every date fixed. For redressal of his grievance applicant preferred Application U/S 482 No. 37962 of 2018 (Arvind vs. State of U.P.) in which this Hon'ble Court vide order dated 25.10.2018 has issued following directions:-
"Argument is that applicant is an accused who has been lodged in Mathura jail. He has approached this court with the grievance that jail authorities do not produce him before the court at Aligarh on the dates on one pretext or the other therefore conclusion of the trial is hindered.
This application is disposed of with the direction to the jail authorities to ensure the presence of the applicant before the court concerned on every date fixed."
In view of the above order passed by another Bench of this Court, this application is also disposed off with a direction to the Jail Authorities to ensure presence of the applicant before the court concerned on every date fixed in Case Crime No. 172 of 2016 (State Vs. Yogendra and others) under sections 2/3 Gangster Act, P.S. Pisana District Aligarh.
With the above directions this applicant stands finally disposed off.
Order Date :- 27.10.2018/A. Tripathi