MOLAI PRASAD Vs. STATE OF U. P.

JUDGEMENT

(1.) This is an appeal u/s 372 Cr.P.C. preferred by the appellant/informant challenging the judgment and order dtd. 3/8/2010 passed by Special Judge (SC/ST) Act, Court No. 03, Deoria inSpecial Sessions Trial No. 14 of 2007 (State Vs. Shailendra Pandey @ Babloo S/o Shrikant Pandey) u/s 394, 302 IPC read with Sec. 3(2)5 SC/ST Act, P.S. Ekauna, District Deoria, acquitting the accused respondent no. 2.

(2.) The present appeal was presented before this Court on 8/9/2010 and thereafter the following orders were passed:- Order dated:- 13/9/2010 Admit. Summon the L.C.R. Issue bailable warrant to C.J.M. List on 8/11/2010. Order dated:-19/7/2012 Heard learned counsel for the appellant, learned A.G.A. for the State of U.P. and Sri Ravindra Prasad appearing on behalf of accused respondent No. 2. It is submitted by Sri Ravindra Prasad that accused respondent No. 2 Shailendra Pandey @ Babloo has furnished the bail bonds 2before the court of learned C.J.M. Deoria, but learned C.J.M. Deoria has not sent such report. Office is directed to summon such report from learned C.J.M. Deoria. List on September 17, 2012. Order dated:- 17/9/2012 Heard learned counsel for the appellant, learned AGA and Sri Ravindra Prasad appearing on behalf of accused respondent.. Report submitted by C.J.M. Deoria, shows that the accused respondent no. 2 Shailendra Pandey @ Babloo has appeared before him and he has furnished his bail bonds. The order sheet shows that the lower court record has been received. On behalf of accused respondent appearance has been made by his counsel. Office is directed to proceed further for hearing of the appeal. Order dated:- 29/8/2018 On the request of K.K. Kanojiya, counsel for the appellant, the case is passed over as he wants to prepare the case. List in the week commencing 22/10/2018. Order dated:- 22/10/2018 Passed over on the illness slip of Sri B.L. Yadav, learned counsel for the appellant. Order dated:- 23/10/2021 Case called out. None appears to press this appeal. List on 3/12/2021. It is clarified that no further adjournment will be granted. Order dated:- 19/4/2022 When the matter was taken up, none present for the appellant. However, Shri Shailendra Pratap Singh, learned counsel for the 3accused-respondent no. 2 as well as learned AGA for the State are present. Considering the absence of counsel for the appellant, in the interest of justice, an opportunity is being given. List the matter in the week commencing 11/7/2022 alongwith fresh office report. It is made clear that if learned counsel appearing for the appellant will not appear on the next date fixed in the matter, the Court will proceed to appoint Amicus Curiae on behalf of appellant or decide the issue involved in the matter at this stage with the help of learned A.G.A.

(3.) Perusal of the order dtd. 29/8/2018, 22/10/2018, 23/10/2021 and 19/4/2022 it will reveal that the appellant is avoiding disposal of the appeal despite the fact that as per the order sheet dtd. 3/7/2017, paper book was ready. Ultimately, on 19/4/2022 this Court precoded to pass an order noticing the absence on the appellant/informant side while not getting the appeal heard and disposed of while observing that in case, the counsel appearing for the appellant does not appear on the date so fixed, the Court will proceeded to appoint amicus curiae on behalf of the appellant or to decide the issue involved in the matter with the help of the learned A.G.A.