Court No. - 48
Case :- APPLICATION U/S 482 No. - 6618 of 2019 Applicant :- Bhudev Trivedi Opposite Party :- State Of U.P.And Anr Counsel for Applicant :- Raj Kishor Pandey Counsel for Opposite Party :- G.A.
Hon'ble Ghandikota Sri Devi,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed to quash the orders dated 17.2.2018, 15.5.2018 and 18.8.2018, passed in Special Trial No.272 of 2017 (Dev Prakash vs. Bhudev Trivedi), under Sections 406, 420, 467, 468, 471, 504 and 506 I.P.C. and under Section 3(1) 10 SC/ST Act, Police Station- Jaspura, District- Banda, pending in the court of Special Judge (SC/ST Act), Banda.
The contention of learned counsel for the applicant is that no offence against the applicant is disclosed and the present prosecution has been instituted with a mala fide intention for the purpose of causing harassment. He pointed out certain documents and statements in support of his contention. It is further contended that on the basis of the application under Section 156(3) Cr.P.C., filed by the opposite party No.2 in the court of I-ACJM, Banda on 22.10.2009, an FIR bearing Case Crime No.161 of 2009, under Sections 406, 420, 467, 468, 471, 504, and 506 IPC read with Section 3(1)10 SC/ST Act was registered against the applicant at P.S.-Jaspura, District-Banda. It was further contended that after investigation, police has submitted final report on 24.1.2010 mentioning therein that no offence was made against the applicant. Thereafter, the opposite party No.2 moved protest petition on 5.10.2010 basing on which, the learned Magistrate vide order dated 15.11.2011 has directed to proceed with the case as complaint case. Subsequently, the statements of the complainant and the two witnesses under Sections 200 and 202 Cr.P.C. were recorded and on the basis of the said statements, the learned Magistrate passed the summoning order dated 13.3.2013 against the applicant, for the aforesaid offences.
Learned counsel for the applicant further contends that the applicant moved another Application u/S 482 Cr.P.C. No.22490 of 2016 before this Hon'ble Court and the another co-ordinate Bench of this Court vide order dated 1.8.2016 quashed the non- bailable warrant and directed the applicant to present before the court below within a period of 15 days from the date of production of the certified copy of that order. However, after the order dated 1.8.2016, passed by this Court, the applicant could not appear before the court concerned due to his illness and moved the application praying for reasonable time to appear before the court below. However, the said application was rejected by the court below and the impugned orders dated 17.2.2018, 15.5.2018 and 18.8.2018 were passed against him in Special Trial No.272 of 2017 (Dev Prakash vs. Bhudev Trivedi) directing to issue non-bailable warrant.
By means of this application, it is prayed that the aforesaid orders issuing coercive action against the applicant arising out of S.T. No.272 of 2017 (Dev Prakash vs. Bhudev Trivedi), pending in the Court of Special Judge SC/ST Act, Banda, may be set aside.
From a perusal of the record this Court finds that earlier, the applicant approached this Court by filing Application under Section 482 No.22490 of 2016 (Bhudev Trivedi vs. State of UP and another), which was disposed of by another co-ordinate Bench of this Court vide order dated 1.8.2016. The said order reads thus:
"Heard learned counsel for the applicant, learned AGA and perused the records.
After considering the argument and available documentary evidences, the order of warrant issued against applicant in Criminal Complaint Case No.2192 of 2011 (Dev Prakash vs. Bhudev Trivedi), under Sections 406, 420, 467, 468, 471, 504, 506 IPC and Section 3(1) 10 SC/ST Act, pending in the court of 1st ACJM, Banda is quashed and it is directed that applicant will present himself before the court below within 15 days from the date of production of a certified copy of this order.
It is made clear that if applicant does not appear before lower court within aforesaid period, the said court will be at liberty to pass any appropriate order against the applicant.
With these observations, this application stands disposed of."
On a perusal of the order dated 1.8.2016, it appears that the applicant instead of complying the direction issued to him to present before the court below, was evading the proceedings of the learned trial court and hence, the learned trial court in the light of the direction of this Court has issued non-bailable warrants against the applicant.
In view of the above, I do not find any illegality in the impugned orders passed by the trial court. No case is made out in favour of the applicant to grant any indulgence.
Accordingly, the application under Section 482 Cr.P.C. stands dismissed.
Order Date :- 22.2.2019 LN Tripathi