Court No. - 70 Case :- APPLICATION U/S 482 No. - 16704 of 2019 Applicant :- Mallu Malik Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Pavan Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant and learned Additional Government Advocate for the State/opposite party no.1 and perused the record with the assistance of leaned counsel for the parties.
This application under Section 482 Cr.P.C. has been filed by the applicant with a prayer to quash the non-bailable warrant dated 19.01.2015 passed by learned Additional District Judge, Court No.5, Special Court Gangester Act, Saharanpur against the applicant in Case No.104 of 2008 (State of U.P. & another vs. Mallu and others), under Section 2/3 of U.P.Gangsters and Anti Social Activities (Prevention) Act, Police Station Sadar Bazar, district Saharanpur.
It is submitted by learned counsel for the applicant that in this case charge-sheet has been submitted on 23.07.2008 thereafter applicant was granted bail and attended the trial court proceedings up to 04.06.2013. It is submitted that the applicant is working a private job, therefore, he could not attend the Court. On account of non-appearance of the applicant, non- bailable warrant dated 19.01.2015 has been issued the applicants.
Per contra, learned AGA contended that non-bailable warrant has 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 applicant in the lower court, I find no good ground to interfere with the order of lower court issuing non-bailable warrant dated 19.01.2015 against the applicant and charge-sheet dated 23.07.2008 and further proceedings pursuant thereto.
Accordingly, the relief as claimed by the applicant is refused.
However, it is 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.
For a period of 15 days from today no coercive action shall be taken against the applicant.
Trial court is also directed that in case the applicant surrender in terms of direction given by this Court, the trial court shall conclude the trial within four months in accordance with law, if there is no legal impediment.
With the aforesaid direction, the application is disposed of.
Order Date :- 26.4.2019 SKD