Court No. - 70
Case :- APPLICATION U/S 482 No. - 16104 of 2019 Applicant :- Kaptan Singh Opposite Party :- State Of Up And Another Counsel for Applicant :- Sunil Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant and learned Additional Government Advocate representing the State.
By means of this application under Section 482 Cr.P.C., the applicant has prayed for quashing of the non bailable warrant dated 7.8.2015 issued in Criminal Case No. 4403 of 2018 (State vs. Ashish Yadav and others) arising out of Case Crime No. 84 of 2004, under Section 29/30 Arms Act, police station Karhal, district Mainpuri Learned counsel for the applicant submitted that due to unavoidable circumstances, the applicant could not appear in the court proceedings, and on account of his non appearance, non bailable warrant has been issued against him.
Per contra, learned AGA contended that non-bailable warrants have been issued in the year 2015 and since then applicant is absconding.
Admittedly, order sheets of the lower court show that applicant is playing hide and seek with the court since 2015 i.e. for the last about four years and want this Court to come to his rescue by exercising its inherent jurisdiction.
Having considered the submissions of the parties and looking into the conduct of the applicants in the lower court, I find no good ground to interfere with the order of lower court issuing non-bailable warrants.
Accordingly, the relief claimed by the applicant is refused.
However, it is hereby provided that if the applicant appears before the court concerned within fifteen days from today and apply for bail, his prayer for bail shall be heard and disposed of as early as possible in view of the law laid down in Amrawati and another Vs. State of U.P. reported in 2005 Criminal Law Journal 755 as well as judgement passed by Hon'ble Apex Court in (2009) 4 Supreme Court Cases, 437, Lal Kamlendra
Pratap Singh Vs. State of U.P.
However further considering the fact that the present case is pending since 2004, the trial court is directed to expedite the trial and conclude the same as expeditiously as possible, preferably, within a period of six months from the date of production of a certified copy of this order without granting unnecessary adjournments to either of the parties.
With the aforesaid direction, the application is disposed of.
Let the copy of this order be sent to the court concerned for compliance.
Order Date :- 25.4.2019 Sumaira