Court No. - 52
Case :- APPLICATION U/S 482 No. - 19335 of 2020 Applicant :- Tanzeem Ahmad And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dhirendra Kumar Srivastava,Rajiv Sisodia Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
This application has been filed with the prayer to quash the impugned order dated 19.11.2020 passed by the Additional District & Sessions Judge-I, Bijnor in S.T. No. 121 of 2017 (State Vs. Raiyyan and others) arising out of case crime no. 166of 2016, under Sections 302, 120-B, 34 IPC, Police Station Seohara, district Bijnor. Further prayer has been made to permit the applicants to appear before the trial court by keeping in abeyance N.B.W. order dated 19.11.2020 in the aforesaid S.T.
Heard Sri Rajeev Sisodia, learned counsel for the applicants and learned A.G.A.
A perusal of the order dated 19.11.2020 passed by the court below in S.T. No. 121 of 2017 reveals that witness concerned is attending the court regularly in police protection. Examination in chief of the said witness has been recorded but the defence is taking the adjournment on one ground or the other. A perusal of the record also reveals that threat is being extended on behalf of the accused side to the witness concerned.
In the facts and circumstances of the case order dated 19.11.2020 passed by the court below cannot be termed to be illegal.
No ground is made out to invoke the extra ordinary jurisdiction vested in the court to set aside the impugned order.
The application is dismissed.
The party shall file self attested computer generated copy of this order downloaded from the official website of High Court, Allahabad. The concerned court/authority/official shall verify the authenticity of such computerised copy of the order from the official website of High Court, Allahabad and shall make a declaration of such verification in writing.
Order Date :- 5.1.2021 Sachdeva Digitally signed by Justice Om Prakash Date: 2021.01.05 13:59:19 IST Reason: Document Owner Location: High Court of Judicature at Allahabad