Allahabad High Court
Kartar Singh vs State Of U.P. And Another on 26 November, 2020
Author: Ajay Bhanot
Bench: Ajay Bhanot
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 83 Case :- APPLICATION U/S 482 No. - 16880 of 2020 Applicant :- Kartar Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sudhakar Pandey Counsel for Opposite Party :- G.A. Hon'ble Ajay Bhanot,J.
Learned counsel for the applicant is permitted to amend the prayer clause in the application during the course of the day.
Heard Sri Sudhakar Pandey, learned counsel for the applicant and learned A.G.A. for the State.
The applicant has sought for the following relief in the instant application under Section 482 Cr.P.C.:-
"To quash the non-bailable warrant dated 13.03.2018 passed by the learned A.D.J.-II and the order dated 26.08.2019 under Section 82 Cr.P.C. warrant and notice for sureties under Section 446 Cr.P.C. passed by the learned Additional Sessions Judge, Court No.10, Mathura in S.T. No.458 of 2014 (State Vs. Kartar) under Sections 307, 504, 506 IPC in case crime No.118 of 2012, Police Station Shergarh, District-Mathura, pending in the court of learned District and Sessions Judge, Mathura."
Sri Sudhakar Pandey, learned counsel for the applicant contends that the applicant could not attend the court proceedings on certain dates as he suffered from severe burn injuries and due to mis-communication with his counsel in the District Court. The applicant was granted bail by the learned trial court during the pendency of the trial.
Learned counsel for the applicant submits that the applicant undertakes to appear before the learned trial court as and when required by the learned trial court and cooperate with the trial proceedings.
In view of the above, the following directions are issued:-
I. The applicant shall appear before the learned trial court within a period of two months.
II. The applicant shall appear in the trial proceedings as and when required by the learned trial court.
III. The non-bailable warrant dated 13.03.2018 and warrant under section 82 Cr.P.C. and notice to sureties under Section 446 Cr.P.C. dated 26.08.2019 are quashed.
IV. It is clarified that in case the applicant does not appear before the learned trial court in the aforesaid period, the order shall stand recalled automatically without recourse to this Court and the non-bailable warrant and warrant under Section 82 Cr.P.C. as well as notice to sureties under Section 446 Cr.P.C. issued against the applicant shall stand revived. The learned trial court shall proceed thereafter in accordance with law against the applicant.
The application is allowed.
Order Date :- 26.11.2020 Ashish Tripathi