Vakalatnama Court No. - 49
Case :- APPLICATION U/S 482 No. - 42682 of 2018 Applicant :- Arvind Kumar And 4 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- S Sengar Counsel for Opposite Party :- G.A.
Hon'ble Ved Prakash Vaish,J.
Vakalatnama, filed on behalf of respondent no. 2, is taken on record.
Present Shri Ajay Senga, learned counsel for the applicants and Awadhesh Narayan Tiwari, learned AGA for the State.
This application under Section 482 Cr.P.C. has been filed challenging the order dated 03.11.2018 passed by the learned Additional Sessions Judge, Court No. 2, Jalaun at Orai in Case Crime No. 207 of 2016 (State of U.P. Vs. Mayank Pandey and Others) under sections 147, 148, 149, 323, 324, 325, 326, 504, 506 & 308 IPC, Police Station -
Rampura, District - Jalaun.
Learned counsel for the applicants submits that the applicants have been summoned by the learned trial court vide order dated 09.10.2018 on an application under section 319 Cr.P.C. and the summons were not served upon the applicants for 03.11.2018 and non-bailable warrants have been issued against the applicants on 03.11.2018 in violation of circular no. 42/1998 dated 20.08.1998 issued by this Court and order dated 29.05.2018 passed in Application U/s 482 No. 19037 of 2018 (Smt. Usha Jain and Another Vs. State of U.P. and Another).
Learned counsel for the respondent no. 2 and learned AGA have opposed the application by submitting that summons were served on the applicants and the applicants intentionally did not appear before the trial court on 03.11.2018 and therefore, non-bailable warrants have been issued.
I have carefully considered the submissions made by learned counsel for applicants as well as learned counsel for respondent no. 2 and learned AGA for the State. I have also gone through the material available on record.
In the instant case, the respondent no. 2 moved an application under section 319 Cr.P.C. dated 29.09.2018, after considering the material on record, learned trial court summoned the applicants for 03.11.2018. The order dated 03.11.2018 does not indicate that summons were served on the applicants. However, non-bailable warrants have been issued against the applications.
Under Chapter III of General Rules (Criminal) regarding service process or registered process as maintained, this Court issued circular no. 42/1998 dated 20.08.1998. It appears that summons were not served on the appliants and non-bailable warrants have been issued.
In the facts and circumstances and submissions made by the learned counsel for the applicants, the impugned order dated 03.11.2018, passed by the learned Additional Sessions Judge, Court No. 2, Jalaun at Orai in Case Crime No. 207 of 2016 (State of U.P. Vs. Mayank Pandey and Others) is set aside.
However, since the applicants have come to know about the pendency of the case, and that the case is fixed by the learned trial court on 01.12.2018, it is directed that the applicants shall appear before the learned trial court on 01.12.2018 itself and move an appropriate application. In case for any unavoidable circumstances the applicants are not in a position to appear on 01.12.2018, the applicants shall move an application for exemption before the learned trial court and the learned trial court will consider the application in accordance with law.
With the aforesaid observations, the application under section 482 Cr.P.C. stands disposed of.
Order Date :- 30.11.2018 Amit Mishra