Court No. - 53
Case :- APPLICATION U/S 482 No. - 14550 of 2018 Applicant :- Arjun @ Ram Avtar Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Sarwar Ali Siddique,Nazia Ilyas Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard Sri Sarwar Ali Siddique, learned counsel for the applicant and Sri Kamal Singh Yadav, learned AGA alongwith Sri Rohit Pandey appearing for the State.
This application has been filed under Section 482 CrPC seeking to quash all the various Non-Bailable Warrants from 20.07.2001 to 16.01.2016, 16.08.2016, 11.11.2016, 10.02.2017, 16.05.2017, 26.08.2017, 22.11.2017, 14.12.2017, 29.01.2018, 20.02.2018 passed by Judicial Magistrate Azamgarh in Case No.385 of 1999 (State Vs. Manish Nishad), under Section 307 IPC arising out of Case Crime No.288 of 1998, PS Gambirpur, District Azamgarh pending in the Court of Judicial Magistrate, Azamgarh.
The submission of the learned counsel for the applicant is that the applicant is involved in Case Crime No.288 of 1998 (State Vs. Manish Nishad), under Section 307 IPC PS Gambirpur, District Azamgarh pending in the Court of Judicial Magistrate, Azamgarh. It is pointed out that the case relates to a matter where the accused are said to have opened fire at the police when they reached the house of one Ajay Rai where the applicant amongst the other co-accused was present. He was admitted to bail in the said crime in the year 1998 but has absconded some time since the year 2001. He is not appearing before the Court on any of the dates fixed in all these 18 years.
Learned AGA has strongly opposed the motion to admit this application. He points out that the influence of the accused including the applicant is so pervasive that the case registered before the Magistrate on the submission of a prompt charge sheet has not been committed to the sessions in all these 19 years as the applicant and the other co-accused are organized criminals who cock a snook at the law.
It is indeed a matter of serious concern that the case is pending before the Magistrate for as long as a period of 19 years without committal. It certainly shows that the accused wield extraordinary influence and are men of extraordinary resource.
Now the applicant has come before this Court seeking a direction to permit him to appear and seek bail afresh which has since long been cancelled and coercive processes have been issued against him. It appears that since now those coercive processes are being seriously enforced by the police he has come to this Court's protection.
The jurisdiction of this Court under Section 482 CrPC is to prevent abuse of process of Court to the aid of the bona fide citizen being subjected to abuse of that process. It is not a resort of persons who can afford to stay away from the legal processes for as long as 19 years and brazenly misuse the liberty of bail. No case for interference with the non-bailable warrants has been made out.
The SSP, Azamgarh is directed to enforce those warrants strictly in accordance with law.
Let a copy of this order be communicated to the SSP, Azamgarh forthwith by the Registrar General.
This application fails and is dismissed in limine.
Order Date :- 27.4.2018 Shahroz