Sanjay Kumar Singh, J. - (1.) Case called out in the revised list. Sri N.D. Shukla, learned counsel for the applicants and Sri N.D. Rai and Sri Virendra Kumar Singh, learned Additional Government Advocates for the State of U.P./opposite party no.1 are present. No one is present on behalf of the opposite party no.2.
(2.) It is contended by the learned counsel for the applicants that the opposite party no.2 (Bare Lal) of this case is also the applicant no.1 in connected Application under Section 482 Cr.P.C. No. 28032 of 2008, therefore, he is very much aware about the present case and after granting interim stay order dated 30.6.2008 in this case, the opposite party no.2 of this case has also preferred Application under Section 482 Cr.P.C. No. 28032 of 2008, but no counter affidavit has been filed by the opposite party no.2 (Bare Lal) in this case.
(3.) It is further submitted by the learned counsel for the applicants that this case is pending before this Court since 2008 but on account of non-appearance of learned counsels appearing in connected Application under Section 482 Cr.P.C. No. 28032 of 2008 final hearing of the present case could not take place. Recently, this case was listed on 22.5.2019 and 29.5.2019 but on account of non-appearance of learned counsels appearing in aforesaid connected Application, case was adjourned by this Court on 22.5.2019 and 29.5.2019. Orders passed on the aforesaid dates are reproduced herein-below:- (i) Order dated 22.5.2019 "Case called out in the revised list. Sri N.D. Shukla, learned counsel for the applicants and learned AGA for the State are present. It is submitted by learned counsel for the applicants that the opposite party no.2 in Application under Section 482 Cr.P.C. No. 16160 of 2008 is also applicant no.1 in Application under Section 482 Cr.P.C. No. 28032 of 2008, therefore, he is very much aware about the present case but till date no counter affidavit has been filed in this case. Since, in the connected matter Application under Section 482 Cr.P.C. No. 28032 of 2008, no one is present on behalf of the applicants and opposite party no.2, therefore, it would be appropriate to list this case in the next cause list." (ii) Order dated 29.5.2019 "Case called out in the revised list. Sri N.D. Shukla, learned counsel for the applicants and learned AGA for the State are present but no counsel appearing in connected Application under Section 482 Cr.P.C. No. 28032 of 2008 are present except learned AGA for the State. It is contended by Sri N.D. Shukla, learned counsel for the applicants that on account of non-appearance of counsel appearing in the connected matter Application under Section 482 Cr.P.C. No. 28032 of 2008, his case is not being decided, though the matter is pending since 2008 before this Court. On the request made by Sri N.D. Shukla, learned counsel for the applicants, put up this case tomorrow for hearing. Sri N.D. Shukla shall inform other counsels appearing in the connected matter about this order in writing.";