Allahabad High Court
Jagdish And Another vs State Of U.P. on 2 August, 2021
Author: Rajiv Gupta
Bench: Rajiv Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 80 Case :- APPLICATION U/S 482 No. - 11696 of 2021 Applicant :- Jagdish And Another Opposite Party :- State of U.P. Counsel for Applicant :- Abhishek Mishra Counsel for Opposite Party :- G.A. Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
By means of this application u/s 482 Cr.P.C, the applicants have challenged the order dated 1.3.2021 passed by the Addl. Sessions Judge, Court No. 3, Aligarh in S.T. No. 125 of 1981 (State vs. Om Prakash @ Oma and others) arising out of Case Crime No. 349 of 1980, under Sections 147, 148, 302 IPC, P.S. Sasnigate, District- Aligarh, by which one Om Prakash @ Oma, Rajendra and Kailash have been convicted by the court below and their appeal has also been dismissed by this Court vide order dated 5.4.2019 and they have been directed to be taken in custody to serve the remaining sentence. Pursuant to the order dated 5.4.2019 Kailash and Rajendra has already surrendered however Om Prakash @ Oma is absconding as such non bailable warrants and proclamation u/s 82 Cr.P.C. has been issued against him.
Learned counsel for the applicants has submitted that Applicant No. 1 is the son of Om Prakash and Applicant No. 2 is the grand son of Om Prakash and they are illegally being harassed, as such the impugned order dated 1.3.2021 be quashed.
Per contra, learned AGA has submitted that the appeal filed by Om Prakash @ Oma has been dismissed and he has been directed to be taken in custody to serve out the remaining sentence. However, he instead of surrendering to serve out the remaining sentence has absconded and as such non bailable warrant and proclamation u/s 82 Cr.P.C. has rightly been issued against him. The order passed by the court below is just, proper and legal and do not call for any interference.
Considering the aforesaid facts and circumstances of the case, the impugned order dated 1.3.2021 passed by the court below, does not suffer from any illegality or infirmity.
The application u/s 482 Cr.P.C. is devoid of merit and is accordingly dismissed.
Order Date :- 2.8.2021 KU