Court No. - 71
Case :- CRIMINAL APPEAL No. - 3315 of 2019 Appellant :- Ram Achal Respondent :- State Of U.P. And 7 Others Counsel for Appellant :- Kamlesh Prasad Counsel for Respondent :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the appellant and learned A.G.A. for the State.
This criminal appeal under Section 14 A (1) of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short "S.C./S.T. Act") has been filed challenging the dismissal order dated 14.2.2019 passed by learned Additional Sessions Judge, 2nd/Special Judge, SC/ST Act, Allahabad on the application under Section 156(3) Cr.P.C. in Misc. Case No.93 of 2018 (Ram Achal Vs. Musafir Yadav and others) by which application under Section 156(3) Cr.P.C. has been rejected.
After having very carefully examined the submissions made by the learned counsel for the appellant and perused the material brought on record, this Court deems it fit that there is no justification for quashing the impugned order dated 14.2.2019. By the impugned order, the application given under Section 156(3) Cr.P.C. was dismissed by the learned lower Court when the appellant was not appearing to press the application from several dates and application was dismissed for non prosecution. The application under Section 156(3) Cr.P.C. was dismissed for non-prosecution after providing several opportunity to the appellant.
The appeal lacks merit and is accordingly, dismissed at the admission stage itself.
Order Date :- 30.4.2019 Mini