Allahabad High Court
Amir vs State Of U.P. And Another on 16 May, 2023
Author: Samit Gopal
Bench: Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:106001 Court No. - 71 Case :- APPLICATION U/S 482 No. - 18054 of 2023 Applicant :- Amir Opposite Party :- State of U.P. and Another Counsel for Applicant :- Babu Ram Yadav,Sameer Yadav Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.
1. List revised.
2. Heard Sri Sameer Yadav, learned counsel for the applicant, Sri B.B. Upadhyay, learned counsel for the State and perused the records.
3. The present Criminal Misc. Application U/S 482 Cr.P.C. has been filed by the applicant Amir with the following prayers:-
"It is therefore, most respectfully prayed that the Hon'ble Court may graciously be pleased to direct the learned Additional Sessions Judge, Ghaziabad to consider the Application for recalling the order of N.B.W./N.S. dated 21.09.2019 in Session Trial No. 360 of 2016 (State vs. Monu and others) arising out of Case Crime No.548 of 2015, under Sections 395, 397, 342, 412 I.P.C., Police Station- Kavi Nagar, District- Ghaziabad issued against the applicant and passing appropriate order according to law as early as possible in the light of guidelines laid down by Hon'ble Apex Court in the case of Satendra Kumar Antil vs. Central Bureau of Investigation and Another (Special Leave to Appeal (Crl.) No. 5191 of 2021, decided on 07.10.2021), otherwise the applicant shall suffer irreparable loss and injury."
4. Learned counsel for the applicant submits that a direction be issued to the concerned trial court to consider the application for recall of Non Bailable Warrants issued against the applicant and the notice to the sureties issued vide order dated 21.09.2019. It is submitted that the applicant was on bail previously vide order dated 16.6.2015 but since he did not appear before the trial court on 15.4.2019 non bailable warrants were issued against him and other accused persons which continued to be issued on various dates, subsequent to which vide order dated 21.09.2019 non bailable warrants and notice to the sureties were issued by the trial court. It is submitted that as such the prayer as prayed for be allowed.
5. Per contra, learned State counsel opposed the prayer.
6. A query was put to learned counsel for the applicant that as to when the applicant has filed an application for recalling of the non bailable warrants and the notice to the sureties issued vide order dated 21.09.2019 by the trial court to which learned counsel for the applicant submits that no such application has been filed as yet and wants that an order has been passed by this Court then only the applicant would file the said application and appear before the trial court.
7. After having heard learned counsels for the parties and perusing the records, it is evident that the applicant is facing non bailable warrants in the matter since 15.4.2019 and it has been around four years since then. He is evading the process of law. After notice to the sureties has been passed by the trial court then he approaches this Court with the aforesaid prayers. Even till date no application for recalling of non bailable warrants and recall of order of notice to the sureties which has been passed by the trial court on 21.09.2023, has been filed by the applicant. The applicant wants to take some advantage by approaching this Court even during the period of his abscondance which is since the last four years and it appears that by getting an order from this Court he wants to get a special class for him created for appearance before the trial court which cannot be appreciated and cannot be granted by this Court.
8. In view of the same, the present Criminal Misc. Application U/S 482 Cr.P.C. is dismissed.
9. Let a copy of this order be communicated to the concerned trial court within ten days positively by the Registrar (Compliance).
(Samit Gopal,J.) Order Date :- 16.5.2023 {Naresh}