The High Court dismissed an application under Section 482 Cr.P.C. filed to challenge a non-bailable warrant order, holding the applicant not entitled to indulgence due to over seven months of non-appearance causing delay in proceedings.
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Court No. - 83
Case :- APPLICATION U/S 482 No. - 7520 of 2021
Applicant :- Manoj Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vinod Kumar Srivastava,Diwakar Singh
Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Vinod Kumar Srivastava, 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 17.2.2021, passed by Chief Judicial Magistrate, Varanasi in Criminal Case No. 3503 of 2018 (State Vs. Manoj Singh) arising out of Case Crime NO. 75 of 2017, under sections 420, 406, 323, 504, 506, 467, 468, 427, 354 IPC, Police Station- Cantt, District Varanasi.
At the very outset, learned A.G.A. submits that on account of default committed by applicant in appearing before Court below, non bailable warrant was issued against applicant on 17.2.2021. Ispite of the fact that a period of more than 7 months has rolled by from the date of order dated 17.2.2021, applicant has not yet appeared before Court below. Consequently, proceedings of above mentioned Special Sessions Trial have remained held up for more than seven months on account of non cooperation of applicant. Consequently, applicant is not entitled to any indulgence by this Court.
When confronted with above, learned counsel for applicant could not over come the same.
In view of above, application fails and is liable to be dismissed.
It is accordingly dismissed.
Order Date :- 28.9.2021 Arshad
Manoj Singh
Rajeev Misra
As recorded by the court registry
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