Court No. - 70
Case :- APPLICATION U/S 482 No. - 13130 of 2019 Applicant :- Ram Sewak Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Anand Kumar Tiwari 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 order dated 26.6.2003 and 30.1.2019, whereby non bailable warrants and process under Sections 82 and 83 have been issued against him in G.S.T. No. 157 of 1999 (State vs .Siyaram and others) arising out of Case Crime No. 58 of 1998, under Section 2/3(1) U.P. Gangster and Anti Social Activiiteis (prevention) Act, police station Pinahat, district Agra pending in the court of Special Judge (Gangster Act) Agra.
Learned counsel for the applicant submits that the applicant had no knowledge about the issuance of non bailable warrant and process under Sections 82 and 83 Cr.P.C. and only when police came to his house, he came to know about the same.
Per contra, learned AGA contended that non-bailable warrants have been issued in the year 2009 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 2009 i.e. for the last ten 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 hereby refused.
However, it is provided that if the applicant appears before the court concerned within fifteen days from today and apply for bail, their 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.
With the aforesaid direction, this application is disposed of.
Order Date :- 8.4.2019 Sumaira