Allahabad High Court
Dinesh Pasi @ Dinesh Kumar vs State Of U.P. And Another on 20 February, 2023
Bench: Dinesh Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 87
Case :- APPLICATION U/S 482 No. - 6117 of 2023
Applicant :- Dinesh Pasi @ Dinesh Kumar
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Khan Saulat Hanif,Nayab Ahmad Khan,Ravindra Sharma,Shadab Ali
Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh,J.
1. Heard learned counsel for the applicant and the learned A.G.A. for the State.
2. The present application U/s 482 Cr.P.C. has been filed seeking quashing of the order dated 31.01.2023 passed by the Special Judge (M.P./M.L.A.) Allahabad in Sessions Trial No. 1336 of 2009 (State Vs. Ateek Ahmad & Others), arising out of Case Crime No. 270 of 2007, under Sections 147, 148, 149, 323, 364, 504, 506 IPC, Police Station - Dhoomanganj, District Prayagraj thereby rejecting the application filed by the applicant under Section 311 Cr.P.C.; and seeking stay of the aforesaid impugned order.
3. This is another attempt on behalf of the accused applicant to delay and prolong the trial of Sessions Trial No. 1336 of 2009. Number of applications have been filed before the trial court and thereafter the proceedings have been undertaken before this Court as well as the Supreme Court with only purpose to drag the trial and prolong it to the extent when the prosecution witnesses are tired or wonover. One after another, accused has been filing applications for summoning more and more defence witnesses. In this case, so far 50 witnesses have been examined.
4. This Court has dismissed a similar petition on 19.01.2023 filed by one co-accused Atique Ahmad being Criminal Revision No. 65 of 2023 [Atique Ahmad Vs. State of U.P.].
5. This Court in an application U/s 482 Cr.P.C. being Application U/s 482 No. 820 of 2020 filed by one Krishna Kumar Pal @ Umesh Pal, had directed the trial court to conclude the trial finally and pronounce the judgment within two months from that date i.e. 16.01.2023.
6. Now this accused has filed an application before the trial court being Application No. 467Kha under Section 311 Cr.P.C. to summon three defence witnesses though 50 defence witnesses have been examined so far and three defence witnesses have been examined by the present petitioner himself. The trial court considering these facts and directions of this Court, has dismissed this application vide impugned order dated 31.01.2023.
7. This Court notices that there have been consistent attempts made by the accused to derail the trial. This kind of practice has to be dealt with sternly and the accused applicant cannot be allowed to subvert the process of law and Court. The attempt of behalf of the accused is nothing but a gross abuse of process of the Court.
8. In view thereof, I find that the present petition has been filed with oblique purposes and it is nothing but a gross abuse of process of the Court, and therefore, same is hereby rejected with exemplary cost of Rs.1,00,000/- to be deposited by the accused applicant within two weeks from today in the account of Army Battle Casualty Welfare Fund. In case of default in depositing the amount of Rs.1,00,000/-, the District Magistrate is directed to recover the same as arrears of land revenue.
Order Date :- 20.2.2023
Arun K. Singh
