Court rejects Piyush Jain’s application

Kanpur: The special chief judicial magistrate Kanpur Nagar Sneha on Thursday rejected the application of Piyush Jain in which he claimed that as the prosecution’s reply on his application dated February 21, 2023 was missing and is not in the court file, therefore the prosecution’s reply on file be made available to him and only after that his application should be disposed off.
Piyush Jain was arrested by the directorate general of GST Ahmedabad on December 27, 2021 and cash worth Rs 195 crore recovered from his house. Apart from it, 23 kg of gold bars with a foreign seal were also recovered from his possession.
According to special prosecutor Ambarish Tandon, the defence counsel had moved an application dated December 8, 2022 which was to be disposed of by the court on February 21,2023. The defence counsel argued that prosecution’s application dated November 17, 2022 was not on the court file. Since both the applications were interconnected therefore availability of that application was necessary for the disposal.
The special prosecutor submitted before the court that prosecution had preferred an adjournment application on November 17, 2022 on which defence counsel endorsed his comments with signature at the side margin after which the court had fixed the next date of hearing. As the original adjournment application was on record, therefore, the defence counsel’s application, dated February 21, 2023 needed to be dismissed, he argued.
The court, after seeking a report from the court clerk, disposed of the defence application with a mark that the claim made by the accused had no meaning and fixed April 11 as the next date for hearing.