POP SINGH ALIAS POHAP SINGH v. STATE OF U.P. AND ANOTHER
A482/43151/2024 · 2025-04-15
Rajeev Misra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 110613 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 110613 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:55645 Court No. - 70 Case :- APPLICATION U/S 482 No. - 43151 of 2024 Applicant :- Pop Singh Alias Pohap Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Tej Om Prakash Gupta Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J.
1. Heard Mr. Tej Om Prakash Gupta, the learned counsel for applicant and the learned A.G.A. for State-opposite party-1. 2. Perused the record. 3. Applicant-Pop Singh @ Pohap Singh, who was initially summoned by Court below in exercise of jurisdiction under Section 319 Cr.P.C., has approached this Court by means of present application under Section 482 Cr.P.C. with the following prayer;-
"It prayed is, therefore this that graciously be most respectfully Hon'ble Court pleased to allow may the application and quash the entire criminal proceeding as well as N.B.W. Order dated 20.09.2021 against the applicant passed by 1st Additional District Judge, Firozabad in S. T. No. 07 of 2019 (State Vs. Vishesh and Others) arising out of Case Crime No.100 of 2016 Under Sections 147, 148, 149, 302 I.P.C. Police Station-Narkhi, District- Firozabad which is pending in the court of 1st AdditionalDistrict Judge, Firozabad. It is further prayed that this Hon'ble Court may kindly pleased to stay the entire further proceeding of S. T. No. 07 of 2019 (State Vs. Vishesh and Others) arising out of Case Crime No.100 of 2016 Under Sections 147, 148, 149, 302 I.P.C. Police Station-Narkhi, District-Firozabad which is pending in the court of 1st Additional District Judge, Firozabad during the pendency of the Criminal Misc. Application before this Hon'ble Court. And/or may pass such other and further order as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."
4. At the very outset, the learned A.G.A. submits that applicant was summoned by Court below in exercise of jurisdiction under Section 319 Cr.P.C. However, in spite of service of summons, applicant failed to honour the summons. Resultantly, non-bailable warrant was issued against applicant in the year, 2019. In spite of
the fact that a period of almost 6 years has rolled by, applicant has not yet appeared before Court below. Consequently, on account of lackadaisical approach of applicant, the trial of applicant has remained held up for more than 6 years. As such, no indulgence be granted by this Court in present application. 5.
When confronted with above, the learned counsel for applicant could not overcome the same. 6. Having heard, the learned counsel for applicant, the learned A.G.A. for State-opposite party-1 and upon perusal of record, this Court finds that the objections 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. In view of above, no good ground exists to entertain the present application.. 7. As a result, the present application fails and is liable to be dismissed. 8. It is, accordingly, dismissed. Order Date :- 16.4.2025 Vinay Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad