Allahabad High Court
Mewa Lal vs State Of U.P. Thru. Prin. Secy. Home ... on 24 February, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 13 Case :- APPLICATION U/S 482 No. - 1872 of 2023 Applicant :- Mewa Lal Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Secrett. Lko. And Another Counsel for Applicant :- Neeraj Singh Counsel for Opposite Party :- G.A. Hon'ble Mohd. Faiz Alam Khan,J.
Heard Shri Neeraj Singh, learned counsel for applicant as well as learned Additional Government Advocate for the State and perused the record.
The instant application under Section 482 Cr.P.C. has been filed by the applicant, namely, Mewa Lal with the prayer to quash the impugned order dated 06.01.2023, passed by the learned Judicial Magistrate, Safipur, Unnao, in Criminal Case No.4483 of 2022, State Vs. Kirti and others, arising out of Case Crime No. 133 of 2018, under Sections- 308, 323 & 504 I.P.C., Police Station- Fatehpur Chaurasi, District- Unnao..
Learned counsel for the applicant submits that though, the applicant had earlier approached this Court by moving an application under Section 482 Cr.P.C. bearing No. 7929 of 2018 in the year 2018 and was also directed to appear before the trial court for the purpose of obtaining bail vide order dated 10.12.2018, but due to personal difficulties, and thereafter, imposing of the lockdown in the background of COVID-19 pandemic, the applicant could not appear before the trial court and resultantly, the trial court has issued non-bailable warrant in the month of January, 2023.
It is further submitted that the trial court vide order dated 06.01.2023 has issued non-bailable warrant against the applicant without following the mandate of the Hon'ble Supreme Court that before issuance of the non-bailable warrant, the other process, namely, summons and bailable warrants should be issued.
It is further submitted that applicant is ready to appear/ surrender before the trial court and in order to participate in the trial, but having an apprehension that in view of issuance of non-bailable warrant, when he appears before the trial court, he may be taken into custody and the disposal of his bail application shall also take some time and in the meantime, he may be lodged in prison, while the offences, pertaining to which the case is pending before the trial court, are punishable with up to 7 years of imprisonment. Thus, the benefit of the law laid down by the Hon'ble Supreme Court in Satender Kumar Antil Vs. Central Bureau of Investigation and another, (2022) 10 SCC 51 be provided to the instant applicant.
Learned A.G.A., on the other hand, submits that applicant is an absconder and despite being directed earlier to appear before the trial court with regard to his first application under Section 482 Cr.P.C., he instead of surrendering/ appearing before the trial court, became absconder and therefore, he is not entitled for any discretion.
Having heard learned counsel for the parties and having perused the record and keeping in view the order intended to be passed, the service of notice to the opposite party no.2 is hereby dispensed with.
Taking into consideration the totality of facts, it appears to be an admitted case that the instant applicant had earlier filed an application under Section 482 Cr.P.C., bearing No. 7929 of 2018 with the prayer to quash the charge sheet, summoning order and proceedings of the instant case and vide order dated 10.12.2018, he was directed to appear before the trial court within 30 days and apply for bail. For the reasons best known to the applicant, he did not appear/surrender before the trial court within stipulated time and the second application under Section 482 Cr.P.C. has been moved challenging the issuance of non-bailable warrant. Complete materials pertaining to the order sheet, whereby the earlier process has been issued against the applicant, has not been brought on record and in this background, I do not find any illegality or to say any irregularity in the order dated 06.01.2023 passed by the trial court.
Therefore, the prayer of the applicant with regard to the quashing of order dated 06.01.2023 is hereby refused, moreso, in the background that the summoning order, under which the coercive process is being issued against the applicant, has not been challenged in this petition.
However, in order to provide an opportunity to the applicant to appear before the trial court in order to participate in the trial, it is directed that if within a week from today, the applicant appears/ surrenders before the trial court, his prayer of bail may be considered by the trial court sympathetically.
If the opposite party no.2 feels aggrieved by this order, she/he may approach this Court by moving an appropriate application.
Order Date :- 24.2.2023/ G.Singh