- (1.)Heard Shri Ranvijay Chaubey, leanred counsel for the applicants and learned A.G.A. and perused the record.
(2.)After hearing the parties at length, this Court deems it proper to adjudicate this application u/s 482 Cr.P.C . at the threshold/admission stage itself.
(3.)The applicants, by means of present application is invoking the extraordinary powers of this Court under Section 482 Cr.P.C. targeting the validity and veracity of the order dated 24.10.2019 passed by learned Special Judge (SC/ ST Act )/Additional District and Session Judge, Ghaziabad in S.S.T. No.326 of 2016 ( State vs. Umesh and others ) arising out of Case Crime No.1012 of 2016, u/s 302, 201 I.P.C . and Section 3(2)(5) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act , Police Station-Sihani Gate, District-Ghaziabad. The impugned order shows that learned Session Judge has disassociated/disconnected the record of the file of the present applicants from newly impleaded accused, namely, Akhil Tyagi s/o Shri Satish Chandra, R/o Mobarikpur, Police Station-Khekra, District-Baghpat, as the newly impleaded accused is not cooperating with the existing trial and despite best efforts and process his whereabouts was untraceable. Though on earlier occasion vide order dated 29.4.2019, while allowing the application moved u/s 319 Cr.P.C ., the trial court has directed that newly impleaded accused (Akhil Tyagi) may face the trial along with pre-existing named accused persons, but later on keeping in view a long standing absence of newly impleaded accused (Akhil Tyagai) from the court, his trial was disassociated and the trial of the applicants was directed to conclude as per direction of the High Court dated 18.3.2019. By means of the present application the applicants are assailing the order impugned dated 24.10.2019.