Karuna Nand Bajpayee, J. - (1.) This application under Section 482 of Cr.P.C. has been filed by the applicant with the prayer to set aside the impugned order dated 13.9.2006 passed by the learned Additional Sessions Judge, Court No. 5, Allahabad in S.T. No. 166 of 1999, State vs. Ram Chandra, under Sections 364/420 I.P.C. whereby the application moved under Section 319 of Cr.P.C. for summoning the opposite party no. 2 and 3 as additional accused has been rejected.
(2.) List has been revised. Learned counsel for the applicant is present along with learned A.G.A. Despite repeated calls none has appeared on behalf of the opposite party nos. 2 and 3 to oppose this application. No counter affidavit has been filed on behalf of the opposite party nos. 2 and 3. This application is of year 2006. In such circumstances this Court does not see any justification to further procrastinate the matter in the wake of heavy pendency of cases in this Court where dockets are already bursting on their seams. This Court, therefore, deems it fit to proceed in the matter on the basis of the record and with the assistance of the learned AGA representing the State.
(3.) Heard Sri Shiv Dutt Yadav, Advocate holding brief of learned counsel for the applicant and learned A.G.A. for the State. Perused the record.;