Court No. - 83
Case :- APPLICATION U/S 482 No. - 12007 of 2021 Applicant :- Asharam And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Premnendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Premnendra Singh, learned counsel for applicants and learned A.G.A. for State.
Perused the record.
This application under section 482 Cr.P.C. has been filed with the following prayer:
"It is therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow the present application and quash the non bailable warrant dated 25.3.2021, passed by Special Judge SC/ST Act, Lalitpur ini Special Sessions Trial No. 79 of 2019 (State Vs. Asharam and another) arisnig out of case crime no. 1347 of 2018, under section 420, 376, 504 IPC and Sections 3 (1)(r), 3 (1) (s) and 3 (2) 5 of SC/St Act, Police Station Kotwali Nagar, District Lalitpur and also be pleased to direct the court below to consider the bail application of the applicants on the same day and decide the same in Special Sessions Trial No. 79 of 2019 (State Vs. Asharam and Another) in pursuance of judgement/order passed by Hon'ble Apex Court in case of Lal Kamlendra Pratap Singh Vs. State of U.P.
It is further prayed that this Hon'ble Court may kindly be pleased to stay Non bailable warrant dated 25.3.2021, passed by Special Judge SC/ST Act, Lalitpur in Special Sessions Trial No. 79 of 2019 (State Vs. Asharam and another). and or pass such other and further order which this Hon'ble Court may deem fit and proper under the circumstances of the present case, otherwise the applicants shall suffer irreparable loss and injury"
At the very outset, learned A.G.A. has raised a preliminary objection by submitting that non bailable warrants have been issued against applicants vide order dated 25.3.2021. However, inspite of the fact that a period of more than four months have rolled by from the date of order dated 25.3.2021, applicants who are charge-sheeted accused, have not yet appeared before Court below. Consequently, proceedings of above mentioned case have remained held up for more than four months on account of non- cooperation of applicants. As such, applicants do not deserve any indulgence by this Court.
When confronted with above, learned counsel for applicants could not over come the same.
In view of above, no occasion arises before this Court to entertain this application. Application fails and is liable to be dismissed.
It is accordingly dismissed.
Order Date :- 12.8.2021 Arshad