AGIN ALIAS AGNI KUMAR v. STATE OF U.P. AND ANOTHER
A482/825/2025 · 2025-01-31
Rajeev Misra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 5880 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 5880 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:14434 Court No. - 71 Case :- APPLICATION U/S 482 No. - 825 of 2025 Applicant :- Agin Alias Agni Kumar Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Akhilesh Bharti,Kamlesh Prasad Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J.
1. Heard Mr. Kamlesh Prasad, the learned counsel for applicant and the learned A.G.A. for State.
2. Perused the record.
3. Applicant-Agin @ Agni Kumar, who is a charge sheeted accused, has approached this Court by means of present application under Section 482 Cr.P.C. challenging the order dated 09.09.2024 passed by F.T.C.-II, Allahabad in Sessions Trial No. 618 of 2022 (State Vs. Anish @ Nachkaw @ Nachke and Another), arising out of Case Crime No 75 of 2019, under Sections 323, 376-D IPC, Police Station-Kaundhiyara, District-Allahabad, whereby non bailable warrant has been issued against applicant.
4. At the very outset, the learned A.G.A. contends that applicant is a charge sheeted accused and subsequently, the Jurisdictional Magistrate committed the case of applicant to the Court of Sessions. However, applicant started absconding from the proceeding pending before Sessions Court from 03.08.2023. Resultantly, non bailable warrant was issued against applicant, vide order dated 09.09.2024. On account of non co-operation of applicant, charges could not be framed by Court below in exercise of jurisdiction under Section 228 Cr.P.C. Since applicant himself is guilty of delaying the proceeding of trial, therefore, no indulgence be granted by this Court in favour of applicant.
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 and upon perusal of record, this Court finds that the objections raised by the learned A.G.A. in opposition to this application were clearly borne out from the record and
furthermore, the same could not be dislodged by the learned counsel for applicant in support of present application, therefore, 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 :- 31.1.2025 Vinay Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad