Court No. - 53
Case :- APPLICATION U/S 482 No. - 25603 of 2018 Applicant :- Rajvir Singh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ken Singh Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Heard the learned counsel for the applicant and the learned AGA appearing for the State.
This application has been filed under Section 482 CrPC seeking to quash non-bailable warrants dated 02.04.2013 as well as proceedings under Section 82 CrPC dated 25.7.2012 issued in Criminal Case No.1285 of 2010-State Vs. sonu & Ors. (arising out of Case Crime No.16 of 2010), under Section 401 IPC, PS Sadar, District Agra pending in the Court of Chief Judicial Magistrate, Agra.
The submission of the learned counsel for the applicant is that one of the accused in the case is his son and he has gone missing for the past five years. For all these years his whereabouts are not known. The coercive processes issued against Veeru are being enforced against the applicant's property. Upon a perusal of the nature of coercive process so far issued this Court finds that there is no process under Section 83 CrPC as yet issued so as to bring the peril of attachment to the applicant's door. So far as non-bailable warrants are concerned, the applicant who is not an accused and against whom that warrant has not been issued should have no concern with it which is to be executed against his alleged missing son, Veeru.
Learned counsel has invited the attention of this Court to an application made to the Magistrate dated 03.05.2018, which he submits, is an application to show that this son is missing and since his son has no share in the family property or their house, no coercive processes may be enforced against his property.
On a perusal of the application this Court does not find any averment in the application to show that the applicant ever took a case that any coercive process is being enforced against the applicant's property where his son does not hold a share.
Accordingly, at this stage and against the process issued this Court does not have any good reason to interfere. It is however, made clear that in case coercive processes are issued under Section 82 CrPC, in particular, under Section 83 CrPC, it will be open to the applicant through an appropriate application to assert that the accused, Veeru, his son does not have a share in the property that may become the subject matter of attachment in execution of such a process which will be considered by the Magistrate and decided.
With the aforesaid liberty this application is dismissed.
Order Date :- 30.7.2018 Shahroz