Chhavi Nath Singh Alias Chhunna vs State of U.P. and Another

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Neutral Citation No. - 2025:AHC:71732

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Court No. - 70

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Case :- APPLICATION U/S 482 No. - 3545 of 2025

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Applicant :- Chhavi Nath Singh Alias Chhunna Opposite Party :- State of U.P. and Another

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Hon'ble Rajeev Misra,J.

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Heard Mr. Pawan Sut, Advocate, holding brief of Mr. Nitin Sharma, the learned counsel for applicant and the learned A.G.A. for State/opposite party-1.

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Perused the record.

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Applicant Chhavi Nath Singh alias Chhunna, who is a charge sheeted accused and facing trial before Court below has approached this Court by means of present applicant under section 482 Cr.P.C. with the following prayer:

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"It is, therefore, most respectfully prayed that that this Hon'ble Court may graciously be pleased to allow the instant 482 Cr.P.C. application and quash the order dated 21.12.2024 passed by Additional District Judge/FTC-1, Kanpur Dehat in S.T. No. 203/2015, State vs. Chhavi Nath Singh @ Chhunna, arising out of case crime no. 0266/2014, U/s 304, 376, 504, 506, 406 IPC P.S. Gajner, District Kanpur Dehat (Ramabai Nagar).

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It is also prayed that this Hon'ble Court may kindly be pleased to stay the further proceedings of S.T. No. 203/2015, State vs. Chhavi Nath Singh @ Chunna, arising out of case crime no. 0266/2014, U/s 304, 376, 504, 506, 406 IPC P.S. Gajner, District Kanpur Dehat (Ramabai Nagar), pending in the court of Additional District Judge/FTC-1, Kanpur Dehat.; during the pendency of the present application otherwise the applicant shall suffer irreparable loss and injury."

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It transpires from record that applicant who is a named and charge sheeted accused is facing trial before Court below. However, subsequently, applicant absconded from the proceedings of trial. Resultantly, non bailable warrant was issued against applicant vide order dated 27.1.2021. Subsequently, the above order was got recalled on 8.2.2024. Therefore, applicant again absconded from the proceedings of trial. Accordingly, Court below vide order dated 8.2.2024 issued non bailable warrant against applicant. Inspite of order dated 8.2.2024, applicant, failed to appear before Court below. Consequently, coercive process under section 82 Cr.P.C. was issued against applicant vide order dated 21.12.2024.

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Thus feeling aggrieved by the order dated 21.12.2024, applicant has now approached this Court by means of present application.

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At the very outset, the learned A.G.A. for State/opposite party1submits that even though applicant is a named and charge sheeted accused, and facing trial before Court below yet he absconded from the proceedings of trial from 8.2.2024. As such, the proceedings of trial have remained held up since 8.2.2024. Inspite of the fact that a period of more than one year and three months have rolled by from the date of order dated 8.2.2024, whereby non bailable warrant was issued against applicant, yet applicant has not appeared before Court below. As such, proceedings of above mentioned trail have remained held up for more than one year and three months due to non co-operation of applicant. He therefore contends that in view of above applicant does not deserve any indulgence by this Court.

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When confronted with above, the learned counsel for applicant could not overcome the same.

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Having heard the learned counsel for applicant, the learned A.G.A. for State and upon perusal of record, this Court finds that the objection raised by the learned A.G.A. in opposition to this application is clearly borne out from the record and furthermore the same could not be dislodged by the learned counsel for applicant, with reference to the record. As such, no good ground exists to entertain the present application.

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In view of above, this application fails and is liable to be dismissed.

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It is accordingly dismissed.

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Order Date :- 5.5.2025 Arshad

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Digitally signed by :- ARSHAD MAHMOOD High Court of Judicature at Allahabad

Chhavi Nath Singh Alias Chhunna v. State of U.P. and Another

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Chhavi Nath Singh Alias Chhunna v. State of U.P. and Another

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