Court No. - 83
Case :- APPLICATION U/S 482 No. - 8632 of 2021 Applicant :- Dharmendra Kumar Sindhi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Sengar Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Ajay Sengar, learned counsel for applicant and learned A.G.A. for State.
Perused the record.
This application under Section 482 Cr.P.C. has been filed challenging order dated 04.01.2021 passed by Chief Judicial Magistrate, Jalaun at Orai in Criminal Case No. 1475 of 1997, (State of U.P. Vs. Dharmendra Kumar Sindhi), under Sections- 270, 272, 273 I.P.C., Police Station- Kotwali Orai District- Jalaun, as well as entire proceedings of above-mentioned case.
At the very outset, learned A.G.A. has raised a preliminary objection by submitting that applicant earlier approached this Court by means of Criminal Misc. Application (under Section 482 Cr.P.C.) No.6491 of 1997, (Dharmendra Kumar Sindhi Vs. State of U.P.), which was dismissed for want of prosecution vide order dated 06.09.2010. Photocopy of same is on record at page-38 of the paper book. It is thus submitted that once applicant has already approached this Court seeking quashing of entire proceedings, then application for same relief is not maintainable. As such present application, insofar as, it seeks quashing of entire proceedings is not maintainable. It is then contended by learned A.G.A. that by means of order dated 04.01.2021, non-bailable warrant has been issued against applicant. Inspite of the fact that a period of approximately seven months has rolled by from the date of issuance of non- bailable warrant, applicant has not yet appeared before court below. Consequently, proceedings of above-mentioned case have remained held up on account of non-cooperation of applicant. Once order dated 06.09.2010 was passed by this Court, applicant was duty bound to appear before court below and participate in proceedings of above-mentioned case. As such applicant does not deserve any indulgence of this Court.
When confronted with above, learned counsel for applicant could not overcome the same.
In view of above, present application fails and is liable to be dismissed.
It is accordingly, dismissed.
Order Date :- 30.7.2021 Saif