Court No. - 75
Case :- APPLICATION U/S 482 No. - 19815 of 2020 Applicant :- Jagdish Kumar Bind @ Jaggi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bajarang Bahadur Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
By means of the present application under Section 482 Cr.P.C. the applicant has challenged the order dated 6.10.2020 passed by Chief Judicial Magistrate, Varanasi in Case No. 1555/13 arising out of Case Crime No. 321 of 2012, under Sections 363, 376, 366, 504, 506 IPC, P.S. Sigra, District- Varanasi, by which applicant's application to appear through counsel has been rejected. The impugned order has been passed pursuant to the order dated 21.9.2020 passed by this Court by which the applicant was directed to appear before the court concerned within three weeks from the date of order.
Despite order having been passed, the applicant has not appeared before the court concerned and therefore, the applicant's application has rightly been rejected by the court below. The impugned order passed by the court below does not suffer from any illegality or infirmity.
In view of the above facts and circumstances of the case, the order passed by the learned court below is just, legal and proper and do not call for any interference by this Court.
The present application under Section 482 is wholly misconceived and is accordingly dismissed.
Order Date :- 5.1.2021 KU