Court No. - 49
Case :- APPLICATION U/S 482 No. - 31982 of 2018 Applicant :- Mahendra Pratap Singh And Anr Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Ghanshyam Kumar Kesarwani Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Krishna Kant Gupta holding brief of Sri Ghanshyam Kumar Kesarwani, learned counsel for the applicants and learned A.G.A. for the State.
2. The present application has been filed to quash the non-bailable-warrant dated 30.5.2018 passed by Session Court, Allahabad in Case Crime No. 166 of 1994, under Sections 323, 504, 506 IPC and 3(1)(X) of SC/ST Act, Police Station Nawabganj, District Allahabad.
3. Learned counsel for the applicants submits that while the applicants had been facing trial without fail. On a single date- 30.5.2018, they sought exemption from personal appearance. The learned court below rejected that application in absence of counsel for the applicants; closed the opportunity of cross-examination of prosecution witness Rampher and; issued non-bailable-warrants.
4. Learned counsel for the applicants then submits that the order dated 30.5.2018 is excessive and inasmuch as for a single default while learned court below rejected the exemption application, it also closed an opportunity to cross-examine of prosecution witness as also issued non- bailable-warrant.
5. Having considered the argument so advanced, it does appear that the order dated 30.5.2018 is a little harsh keeping in mind the order sheet entry of the earlier dates, which suggest that the applicants had been regularly participating in the trail.
6. Consequently, the order dated 30.5.2018 passed by Session Court, Allahabad is hereby set aside. The present application is allowed, subject to payment of cost Rs. 2,500/- that may be paid by the applicants to the opposite party no. 2 on the next date fixed before the learned court below.
7. The applicants further undertake to appear before the learned court below on the next date when his appearance may be entertained on the same terms, as it was being allowed prior to the impugned order being passed.
Order Date :- 17.9.2018 Mini