Court No. - 83
Case :- APPLICATION U/S 482 No. - 13839 of 2021 Applicant :- Sadashiv Gaur Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shailesh Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Shailesh Kumar Srivastava, 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 16.9.2019 passed by Additional District and Sessions Judge/F.T.C., Court No. 2, District Ghaziabad in Sessions Trial No. 298 of 2014 (State Vs. Pradeep and others), under Sections 395, 397, 412 IPC, P.S. Masoori, District Ghaziabad, whereby non-bailable warrant has been issued against applicant.
At the very outset, learned A.G.A. has raised a preliminary objection by submitting that present application under Section 482 Cr. P. C. has been filed challenging order dated 16.9.2019 passed by Court below, whereby non-bailable warrant has been issued against applicant. It is then contended that in spite of the fact that a period of more than 1 year and 10 months has expired from the date of order dated 16.9.2019, applicant who is a charge sheeted accused, has not yet appeared in above mentioned Sessions Trial. Consequently, proceedings of above mentioned Sessions Trial have remained held up for a period of more than 1 year and 10 months on account of non co-operation of applicant. As such, applicant does not deserve any indulgence by 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 :- 13.8.2021 HSM