Allahabad High Court
Smt. Luxmi Chug vs State Of U.P. And Another on 10 May, 2023
Author: Manju Rani Chauhan
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:100642 Court No. - 68 Case :- APPLICATION U/S 482 No. - 17321 of 2023 Applicant :- Smt. Luxmi Chug Opposite Party :- State of U.P. and Another Counsel for Applicant :- Chhaya Gautam,Akshat Sinha,Sanyukta Singh Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Ms. Sanyukta Singh, learned counsel for the applicant and Mr. Amit Singh Chauhan, learned AGA for the State.
The present 482 Cr.P.C. application has been filed to quash the orders dated 28.06.2022, 14.09.2022 and 15.12.2022 passed by Chief Judicial Magistrate, Saharanpur in Complaint Case No.589 of 2019 (Smt. Chaynika vs. Indrajeet and 2 others), under Section 406 IPC (Smt. Chaynika vs. Indrajeet and 2 others), Police Station-Deoband, District-Saharanpur.
Learned counsel for the applicant submits that the applicant is a cancer patient, which is at the third stage and, therefore, she is not in a position to appear in person before the trial court to face the trial. Therefore, an application U/s 317 Cr.P.C. was moved requesting for appearance through counsel or through video conferencing, but the same has been rejected vide order dated 14.09.2022 on the ground that the applicant did not even once appear before the trial court, without considering the medical condition of the applicant. Therefore, the relief as prayed may be granted.
Per contra, learned A.G.A. for the State submits that non-bailable warrant has been issued to ensure the presence of the applicant as she did not appear even on a single date before the trial court. The remedy under Section 317 Cr.P.C. can be availed only after the applicant has appeared before the trial court on any date fixed.
In view of the above, without expressing any opinion on the merits of the case, the present application is finally disposed of with a direction that in case the applicant appears before the court below within two weeks from today and moves an application U/s 317 Cr.P.C., the court below shall decide the aforesaid application, in accordance with law, after taking into consideration all the medical documents as placed alongwith the application, by means of a reasoned and speaking order, preferably within a period of two months from today.
For the period of two months from today or till the aforesaid application is decided, whichever is earlier, no coercive measure shall be taken against the applicant.
Order Date :- 10.5.2023 Jitendra/-