ANIL SHARMA Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri V.M. Zaidi, learned Senior Advocate assisted by Sri Sami Ullah Khan, learned counsel for the applicant, Sri Kaustubh Srivastava, learned counsel for the opposite party no.2 and learned A.G.A. for the State.

(2.) THIS application under Section 482 Cr.P.C. has been filed for quashing the impugned order dated 18.5.2012 passed by Additional Chief Judicial Magistrate, Court No.1, Ghaziabad and the entire proceedings of Criminal Case No. 4215 of 2011 (State Vs. Indresh & others) under Sections 419, 420, 421, 468, 120B, I.P.C. pending in the Court of Additional Chief Judicial Magistrate, Court No.1, Ghaziabad.

(3.) HAVING regard to the submissions advanced by learned counsel for the parties, I am of the opinion that there is no order passed by this Court or any other court by which the applicant was allowed to appear through counsel before the trial court and press for discharge application. Therefore, the trial court has rightly passed the order dated 18.5.2012 directing the applicant to appear and surrender before the court for which a detailed order was passed by the trial court on 19.9.2009 and since then the applicant has not appeared before the trial court. Moreover, after the dismissal of the earlier 482 Cr.P.C. application filed by the applicant before this Court which was dismissed by this Court on merit on 11.11.2009 the applicant did not surrender before the trial court which amounts to dilatory tactics on the part of the applicant to delay the proceedings of the trial which has been initiated against him and other accused person in the year 2008. No interference is called for by this Court in exercise of its inherent power under Section 482 Cr.P.C. for quashing of the impugned order dated 18.5.2012 or the entire proceedings of the aforesaid criminal case pending in the Court of Additional Chief Judicial Magistrate, Court No.1, Ghaziabad.