Court No. - 54 Case :- APPLICATION U/S 482 No. - 12921 of 2010 Petitioner :- Janardan Sharma Respondent :- State Of U.P. And Another Petitioner Counsel :- R.P.S. Chauhan Respondent Counsel :- Govt. Advocate Hon'ble Vinod Prasad,J.
Heard learned counsel for the applicant and learned AGA.
The present application is nothing but an abuse of the process of law by the
applicant Janardan Sharma who is an accused in Crime No. 203-A of 2002,
under Sections 323, 504, 506, 352, 326 I.P.C., P.S. Kotwali, District Budaun.
Earlier the aforesaid accused had approached this Court and obtained an order
from another Hon’ble Judge on 2nd June, 2009. This Court had directed for
consideration of his bail prayer under Section 326 I.P.C. if possible on the
same day because the applicant was granted bail for other offence in the same
crime number which liberty he had not misused. In spite of the aforesaid order
dated 2nd June, 2009, the applicant did not appear before the concerned court
for more than a year and has filed the present application again in this Court
for the same relief in the garb of prayer that the charge sheet of the aforesaid
case be quashed. After hearing both the sides, this second exercise by the
applicant is nothing but is indicative of his malicious intention and nefarious
design.
This Criminal Misc. Application, therefore, is dismissed with a cost of Rs.
20,000/- to be realized from the applicant by C.J.M. Budaun as arrears of land
revenue within one month from today. After realization of the said amount,
the C.J.M. concerned is directed to remit that amount to the Legal Aid Cell of
the district to give justice to the poor.
Order Date :- 1.7.2010
Manoj