Court No. - 83
Case :- APPLICATION U/S 482 No. - 13703 of 2021 Applicant :- Shabir Opposite Party :- State of U.P. and Another Counsel for Applicant :- Haseeb Alam Ansari Counsel for Opposite Party :- G.A
Hon'ble Rajeev Misra,J.
Heard Mr. Haseeb Alam Ansari, learned counsel for applicant and learned A.G.A. for State.
This application under Section 482 Cr.P.C. has been filed challenging order dated 16.5.2016, passed by Additional Chief Judicial Magistrate, 3rd, Agra, in Case No. 59 of 2015 (State vs. Shabir) under Sections 323, 324, 504 and 506 IPC, P.S.- Lohamandi, District- Agra, whereby non-bailable warrant has been issued against applicant.
At the very outset, learned A.G.A. raised a preliminary objection by submitting that non-bailable warrant has been issued against applicant vide order dated 16.5.2016. However, inspite of order dated 16.5.2016, applicant, who is a charge- sheeted accused, has not yet appeared before court below. Consequently, proceedings of above-mentioned criminal case have remained held up for more than 5 years on account of non- cooperation 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 :- 12.8.2021 Shalini