Allahabad High Court
Vijay Kumar Singh vs State Of U.P. And 2 Others on 18 December, 2020
Author: Deepak Verma
Bench: Deepak Verma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 90 Case :- APPLICATION U/S 482 No. - 18354 of 2020 Applicant :- Vijay Kumar Singh Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Sudhakar Pandey Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.
Sri Anand Kumar Pandey, Advocate has filed Vakalatnama on behalf of opposite party no.2, which is taken on record.
Heard the learned counsel for the applicant, learned A.G.A.; Sri Anand Kumar Pandey, learned counsel for the respondent no. 2 and perused the record.
By the instant petition, applicant seeks the following relief:
"It is, therefore, most respectfully prayed that this Hon'ble court may kindly be pleased to direct to court below to ensure presence of accused Shyam Bihari Tiwari (opposite party no. 3) before court below by adopting due procedure as provided under the law; and also direct to Superintendent of Police, Ballia and District Judge, Ballia to trace out the records of (I) Case Crime No.134 of 1990, under Section 409 I.P.C., P.S. Reoti, District Ballia, (II) Case Crime No.115 of 2007, under Sections 419, 420, 467, 468, 471, 406 and 409 I.P.C., P.S. Kotwali Ballia, District Ballia, (III) Case Crime No.156/2006, under Sections 467, 468, 471, 419 and 420 I.P.C., P.S. Kotwali Ballia, District Ballia, (IV) Case Crime No.961 of 1998, under Sections 419 and 420 I.P.C., P.S. Kotwali Ballia, District Ballia, and (V) Case Crime No.102 of 2005, under Sections 419, 420, 467, 468, 436 and 409 I.P.C. read with Section 13 (1) (2) Prevention of Corruption Act, P.S. Reoti, District Ballia,within reasonable time. So that justice may be done."
It is urged by learned counsel for the applicant that trial court file is not traceable; despite direction of this Court, the file has not been reconstructed.
Be that as it may, petition is disposed of with liberty to the applicant to make appropriate application before the court below. In the event, such an application is filed, the same shall be considered in accordance with law.
Order Date :- 18.12.2020 Meenu