SHIRAJUDDIN Vs. STATE OF U P AND ANOTHER

JUDGEMENT

(1.) Heard Mr. V.P. Srivastava, learned Senior Counsel for the applicant and learned AGA for the State and perused the record.

(2.) This application under section 482 Cr.P.C. has been filed for quashing the order dated 21.05.2011 passed by the Additional Sessions Judge, Court No. 9, Azamgarh in Sessions Trial No. 417 of 2007 (State Vs. Shirajuddin and others). It appears that the applicant contended before the learned trial court that he had no counsel at the stage of charge, therefore, learned trial court was not justified in framing charges against the applicant without providing any opportunity of hearing to the applicant.

(3.) Learned counsel for the applicant very frankly conceded that at the later stage of trial, the applicant had been represented by a counsel but no such objection was made before start of the prosecution evidence. The aforesaid defect was pointed out after the statements the prosecution witnesses had been recorded and the applications moved under section 311 of Cr.P.C. on behalf of the accused had been rejected. The learned trial court found that the aforesaid ground has been taken merely to cause delay of the disposal of the trial.