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2025 DAILYLAW 109214 (ALL)

DEEPAK v. STATE OF U.P. AND ANOTHER

A482/41140/2024 · 2025-02-13

Rajeev Misra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:20804 Court No. - 71 Case :- APPLICATION U/S 482 No. - 41140 of 2024 Applicant :- Deepak Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mukesh Chandra Gupta,Shubham Prakash Gupta Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. Heard Mr. Shubham Prakash Gupta, the learned counsel for applicant and the learned A.G.A. for State. Perused the record. Applicant Deepak, who is a charge sheeted accused, has approached this Court by means of present application under Section 482 Cr. P. C. with the following prayer:- "It is, therefore, Most Respectfully prayed that this Hon'ble Court may graciously be pleased to set-aside the N.B.W. dated 10.09.2024 passed in Case No. 109 of 2012 (State of U.P. Versus Deepak Kumar) arising out of case crime no. 204 of 2012 Under Section 376, 511, 506 I.P.C. Police Station Lisari Gate, District Meerut pending in the Court of Juvenile Justice Board, Meerut. And/or pass such other and further orderas this Hon'ble Court may deem fit under the facts and circumstances of the present case, during the pendency of present criminal Misc. Application (Under section 482 of Cr. P. C.) " At the very outset, the learned A.G.A. submits that applicant is a habitual defaulter, inasmuch as repeatedly he has failed to appear before Court below, on account of which non-bailable warrant was issued against applicant previously also. On the above premise, the learned A.G.A. thus submits that no indulgence be granted by this Court in favour of applicant. Apart from above, it is further contended by the learned A.G.A. that non-bailable warrant was issued against applicant, vide order dated 10.9.2024. However, in spite of the fact that a period of 4 months has rolled by from the date of order i.e. 10.9.2024, applicant has not yet appeared before Court below. Consequently, the proceedings of trial have remained held up on account of non co-operative conduct of applicant for the last 4 months. As such, no interference is warranted by this Court in present application. When confronted with above, the learned counsel for applicant could not overcome the same. 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 are clearly brone out from the record and furthermore, the same could not be dislodged by the learned counsel for applicant with reference to the record. In view of above, no good exists ground to interfere in the present applicant As such, the present application fails is liable to be dismissed. It is, accordingly, dismissed. Order Date :- 13.2.2025 HSM Digitally signed by :- HARI SHANKER MISHRA High Court of Judicature at Allahabad