Court No. - 51
Case :- CRIMINAL APPEAL No. - 3415 of 2010 Appellant :- Liyakat Respondent :- State Of U.P. & Others Counsel for Appellant :- Vikas Chandra Tiwari Counsel for Respondent :- Govt. Advocate
Hon'ble Vipin Sinha,J. Hon'ble Ifaqat Ali Khan,J.
Today there is an illness slip of Sri Vikas Chandra Tiwari, learned counsel for the appellant. However, we have perused the record which shows that there is no application seeking leave to appeal against the judgement and order impugned. There is office report which clearly shows that the leave to appeal application has not been filed and thereafter the case was listed on 22.11.2017 and the following order has been passed:-
"There is an illness slip of Sri Vikas Chandra Tiwari, learned counsel appearing on behalf of the appellant.
Office report indicates that the application for leave to appeal has not been filed. The appeal itself is pending since 2010 for admission, it cannot swing years together on dilatory tacticts, let the case be listed peremptorily in the next cause list."
Thereafter again the case was listed on 29.11.2017 and the following order has been passed:-
"Though the case has been listed peremptorily, the learned counsel holding brief of Sri Vikas Chandra Tiwari has submitted that the case be adjourned for today as his file is not traceable.
Let the case be listed peremptorily again in the week commencing 11th December, 2017"
Thereafter once again the case was listed on 31.07.2018 and the case was passed over on the illness slip of Sri Vikas Chandra Tiwari.
Thereafter again the case was listed on 07.08.2018 and the same was passed over on the illness slip of Sri Vikas Chandra Tiwari and again on 21.08.2018 the case was passed over on account of illness slip of Sri Vikas Cahndra Tiwari.
In view of the facts and circumstances and the fact that there is no application seeking leave to appeal, no indulgence can be granted and the appeal is dismissed.
The illness slip sent by Sri Vikas Chandra Tiwari is also rejected.
Order Date :- 29.8.2018
R.C. Yadav