Court No. - 71 Case :- APPLICATION U/S 482 No. - 44606 of 2024 Applicant :- Nitin Pal Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Mridul Chandra Tiwari,Vatsala Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. Heard Mr. Mridul Chandra, learned counsel for applicant and the learned A.G.A. for State. Perused the record. This application under Section 482 Cr.P.C. has been filed by the applicant- Nitin Pal with the following prayer: It is, therefore, Most Respectfully prayed that this Hon'ble Court may graciously be pleased to quash the N.B.W. order dated 06.07.2023 passed by Special Judge (POCSO Act) Court No.1 Moradabad in S.T. No. 999/2018 in between State Vs. Nitin Pal arising out of Case Crime No. 291/2018, u/Ss 363, 366, 376 IPC and 3/4 POCSO Act, Police Station: Kundarki, District: Moradabad. It is further prayed that this Hon'ble Court may kindly be pleased to stay the N.B.W. order dated 06.07.2023 passed by Special Judge (POCSO Act) Court No.1 Moradabad in S.T. No. 999/2018 in between State Vs. Nitin Pal arising out of Case Crime No. 291/2018, u/Ss 363, 366, 376 IPC and 3/4 POCSO Act, Police Station: Kundarki, District: Moradabad, during the pendency of present criminal misc. application, otherwise applicant will suffer irreparable loss and injury. And/or pass such other and further order which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case. At the very outset, the learned A.G.A. raised a preliminary objection by submitting that from the perusal of order sheet, it is apparent that applicant has been absconding from the proceeding of aforementioned Sessions Trial since 30.5.2023. As such, no illegality has been committed by Court below in issuing non bailable warrant against applicant. It is further contended by the learned A.G.A. that inspite of the fact that a period of more than 1 year and 6 months has rolled by, applicant has not yet appeared before Court below. Consequently, proceedings of above mentioned Sessions Trial have remained held up for more than 1 year and 6 months on account of non-cooperation of applicant. As such, applicant does not deserve any indulgence by this Court. When confronted with above, learned counsel for applicant could not overcome the same. Having heard the learned counsel for applicants, the learned A.G.A. for State and upon perusal of record, this Court finds that objections raised by the learned A.G.A. in opposition to this application are not only borne out from the record but furthermore the same could not be dislodged by the learned counsel for applicants. As such, no good ground exists to entertain the present application. In view of above, this application fails and is liable to be dismissed. It is accordingly dismissed. Order Date :- 31.1.2025 Arshad Digitally signed by :- ARSHAD MAHMOOD High Court of Judicature at Allahabad