Court No. - 48
Case :- APPLICATION U/S 482 No. - 26174 of 2017 Applicant :- Isteyak Ahmad Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Adya Prasad Tewari,Sheo Shankar Tripathi Counsel for Opposite Party :- G.A.,Ripusudan Dubey,Savita Mishra
Hon'ble Karuna Nand Bajpayee,J.
List has been revised. Despite repeated calls none has appeared on behalf of the applicant to press this application. Learned counsel for the opposite party no.2 is present along with learned AGA. Perusal of the order sheet shows that on 14.8.2018 an illness slip was sent on behalf of learned counsel for the applicant which was opposed by the learned counsel for opposite party no.2 and the Court was constrained to observe that the learned counsel for the applicant must ensure his presence on the next date in the first round otherwise the Court shall proceed to decide the matter on the basis of record in his absence and the case shall not be adjourned on the ground of absence of applicant's counsel or his illness slip. On the next date again an adjournment was sought. Today again when the case was called out, an illness slip has been sent on behalf of the learned counsel for the applicant.
Learned counsel for opposite party no.2 vehemently opposes the adjournment and submits that the illness slip is not genuine and the adjournment has been sought in order to delay the hearing of the matter. In the wake of heavy pendency of cases in this Court where dockets are already bursting on their seams there is no justifiable reason to further procrastinate the matter. It appears that the applicant is not interested to pursue the matter in right earnest.
The application stands dismissed in non-prosecution. Interim order, if any, stands vacated.
It may be observed that if some recall application is moved in future that shall be placed before appropriate Bench. This matter shall not be treated as tied up or part heard with his Bench because the case is being dismissed not on merits.
Office is directed to communicate this order forthwith to the lower court concerned.
Order Date :- 25.9.2018 CPP/-