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Neutral Citation No. - 2025:AHC:80651 Court No. - 84 Case :- APPLICATION U/S 482 No. - 36350 of 2024 Applicant :- Arvind Opposite Party :- State of U.P. and Another Counsel for Applicant :- G.S. Chauhan Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.
1. Heard learned counsel for the applicant and learned AGA for the State.
2. The present 482 Cr.P.C. application has been filed to quash the impugned order dated 29.03.2024 as well as to quash the entire proceedings of Criminal Case No.186 of 2019 arising out of Case Crime No.38 of 2018 (State vs. Arvind), under section 304 I.P.C., Police Station Sakrar, District Jhansi.
3. Learned counsel for the applicant submits that earlier applicant filed Application u/s 482 Cr.P.C.No.23503 of 2019 and this Court by order dated 26.06.2019 passed the following orders:-
"The present 482 Cr.P.C. application has been filed to quash the charge sheet No.047 of 2018 dated 24.06.2018 as well as cognizance order in Case No.186 of 2019 arising out of Case Crime No.0038 of 2018, under Sections-304 IPC, Police Station- Sakrar, District-Jhansi, pending in the court of C.J.M, Jhansi.
Learned counsel for the applicant submits that he has been falsely implicated by the police under the alleged sections. In that view of the matter, they are permitted to move discharge application through counsel before the trial Court within three weeks from today and the trial court shall decide the same within a period of one month from the date of filing of application alongwith certified copy of this order. Till the discharge application is decided, no coercive measures shall be taken against the applicant. With the aforesaid observations, this application is disposed of."
4. Thereafter, applicant moved discharge application in pursuance of the order of this Court. He next submitted that discharge
application of the applicant is pending and court has not decided the discharge application and bailable warrant has been issued against the applicant.
5. Considered the argument of learned counsel for the applicant and perused the record.
6. From the record, it is apparent that the applicant is not appearing before the trial court since 29.11.2019. Thereafter, on 29.03.2024 trial court has issued bailable warrant against the applicant. Since last five years, applicant has not cooperated with the trial proceeding and applicant did not appear to press the discharge application before trial court. Applicant has misused the liberty and interim protection granted by this Court.
7. No interference is warranted. Hence, the present application u/s 482 Cr.P.C. is dismissed.
Order Date :- 15.5.2025 SKD Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad