Having heard learned counsel for the parties and having perused the record, it is evident that the applicant though was named in the first information report but subsequently, as is evident by the order of a Division Bench of this Court dated 17.11.1995 passed in Criminal Misc. Writ Petition No. 1811 of 1995 the applicant's role was not found in the commission of crime. Later on after submission of the charge sheet the applicant had approached this Court in 1996 by filing application under Section 482 Cr.P.C. wherein the proceedings of the subordinate court was stayed and the stay order could only be vacated in the year 2001. Perusal of the record of the court below, a copy of which has been placed on record through supplementary affidavit dated 26.2.2022, would reveal that it was only in the year 2010, for the very first time the coercive process was issued against the applicant and the order sheet of the trial court thereafter would reveal that on 11.09.2020 the Presiding Officer of the court of Chief Judicial Magistrate, Muzaffar Nagar had sought an explanation from the concerned clerk for not placing the record of this case before the Presiding Officer for a long time and it was only on 11.9.2020 an effective coercive process was issued against the applicant and thereafter he had surrendered before the trial court in the year 2021. Thus the delay of not appearing before the court below could not be only associated to the applicant, though primafacie he appears to be guilty of not providing information of the vacation of the stay order by a Coordinate Bench of this Court to the trial court.
