Allahabad High Court
Amit Bhati @ Ammi vs State Of U.P. And Another on 5 August, 2021
Author: Rajeev Misra
Bench: Rajeev Misra
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 83 Case :- APPLICATION U/S 482 No. - 12101 of 2021 Applicant :- Amit Bhati @ Ammi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Singh Yadav Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J.
1. Heard Mr. Ajay Singh Yadav, learned counsel for applicant and learned AGA for State.
2. Perused the record.
3. This application under section 482 Cr.PC has been filed challenging order dated 15.02.2021 passed by Additional Sessions Judge, Court No.6, Farukhabad in S.T. No. 498 of 2014 (State vs. Ravindra Bhati) arising out of Case Crime No.259 of 2014, under Section 307 IPC, P.S.-Phase-II Noida, District Gautam Budh Nagar, as well as entire proceedings of S.T. No. 498 of 2014, pending in the Court of Additional Sessions Judge, Court No.6, Farukhabad.
4. At the very outset, learned AGA has raised a preliminary objection by submitting that applicant has been summoned in above mentioned sessions trial vide order dated 27.04.2019 passed on the application (paper No.21-B filed by first informant under Section 319 Cr.P.C.). However, in spite of the fact that a period of more than two years and three months have rolled by from the date of order dated 27.04.2019 applicant failed to appear before court below. Consequently, court below vide order dated 15.02.2021 has issued non-bailable warrant against applicant. Proceedings of above mentioned sessions trial have remained held up on account of non-cooperation of applicant. As such applicant does not deserve any indulgence by this Court. It is then contended that since summoning order dated 27.04.2019 has not been challenged, consequential order dated 15.02.2021 cannot be challenged. On the aforesaid premise, learned AGA submits that present application is liable to be dismissed.
5. When confronted with above, learned counsel for applicant could not overcome the same.
6. In view of above, present application fails and is liable to be dismissed.
7. It is accordingly dismissed.
Order Date :- 5.8.2021/Ashish Pd.