Allahabad High Court
Ram Karan vs State Of U.P. & Anr. on 6 January, 2020
Author: Rajeev Singh
Bench: Rajeev Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 11 Case :- U/S 482/378/407 No. - 6 of 2020 Applicant :- Ram Karan Opposite Party :- State Of U.P. & Anr. Counsel for Applicant :- Rajendra Kumar Pandey,Krishna Prakash Singh Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.
Heard learned counsel for the parties.
The present application has been filed under Section 482 Cr.P.C. for quashing the charge sheet impugned N.B.W. order dated 03.10.2019 passed by the court of P.C. Act-I, Lucknow in S.T. No.944 of 2014 (State vs. Ram Shankar Rawat) arising out of Case Crime No.268 of 2014, under Sections 302, 201 & 498 I.P.C., P.S. Mohanlalganj, District Lucknow as well as the charge sheet.
Learned counsel for the applicant submitted that the charge sheet was filed by the Investigating Officer in Case Crime No.268 of 2014, under Sections 302, 201, 498 I.P.C., P.S. Mohanlalganj, District Lucknow on 18.06.2014 and the cognizance was taken by the court below on 15.09.2014 and thereafter, the case was committed to the court of Sessions Judge and it was registered as S.T. No.944 of 2014 (State vs. Ram Shankar Rawat and others) and the aforesaid case was listed for prosecution evidence.
Learned counsel for the applicant further submitted that the applicant and other accused persons are continuously appearing before the court below, but due to fever, the applicant could not appear on 03.10.2019. He further submitted that Non-Bailable Warrant has been issued for production of the prosecution witness S.I. Satyadev on 05.09.2019 and thereafter, the matter was listed on 03.10.2019 and on the next date, the witness was not present before the court below, as a result, other persons were present but the applicant was absent, as the applicant was suffering from fever, which he informed to his counsel, but the application for exemption could not be placed before the court below, as a result, Non-Bailable Warrant was issued against the applicant on 03.10.2019, thereafter, the applicant appeared on 22.10.2019 and 20.11.2019 on the ground that already Non-Bailable Warrant was issued against him on 03.10.2019.
Learned counsel for the applicant further submitted that the applicant never misused the liberty of bail, but due to illness, he could not appear, therefore, the impugned Non-Bailable Warrant order dated 03.10.2019 may be set aside. He further submitted that the applicant is ready to co-operate in the proceeding whenever the case will be listed.
Learned A.G.A. opposes the prayer of the applicant and submitted that the applicant has not moved an application for exemption before the court below and he may move recall application before the court below.
Considering the arguments of learned counsel for the applicant as well as learned A.G.A. and going through the S.T. No.944 of 2014 (supra), it is evident that the applicant was on bail and he was appearing before the court below, as Non-Bailable Warrant has already been issued for production of the prosecution witness, S.I. Satyadev on 05.09.2019 and on 03.10.2019, the witness was not present before the court below, as a result, other persons were present but the applicant was absent and his application was not placed before the court below for exemption, therefore, the Non-Bailable Warrant was issued by the court below and thereafter, as order sheet reveals, the applicant appearing before the court below on the further dates but due to wrong intentions, it is adviced that he could not move any recall application of the order dated 03.10.2019, by which the Non-Bailable Warrant was issued in relation to the applicant.
Accordingly, the application is disposed of with the observation that in case, the applicant moves any application for recall of the order dated 03.10.2019 in relation to Non-Bailable Warrant of the applicant within one week from today, the same shall be considered by the trial court, sympathetically, within one week from the date of production of certified copy of this order.
Order Date :- 6.1.2020 S. Shivhare