Court No. - 70
Case :- APPLICATION U/S 482 No. - 13138 of 2019 Applicant :- Sanjay Balmiki Opposite Party :- State Of U.P.
Counsel for Applicant :- Sunil Kumar,Mahendra Pratap Singh 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 29.7.2017 passed by Additional District Judge-VIII, Kanpur Nagar in Sessions Trial No. 55 of 2016 (State of U.P. vs. Sanjai Balmiki) arising out of Case Crime No. 146 of 2005, under Section 21/22 N.D.P.S. Act, police station Kakadev, district Kanpur Nagar pending in the court of Additional District Judge-VIII, Kanpur Nagar.
The record indicates that the applicant was granted bail on 18.7.2005, and thereafter, he did not appear before the trial court, therefore, non bailable warrant was issued against him. On 26.5.2009, the applicant moved an application for recall of the non bailable warrant and thereafter since then he is absconding.
Learned counsel for the applicant submits that as the applicant had gone to Mumbai to earn his livelihood and he could not gather any information about the issuance of non-bailable warrants.
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 about 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 in the applicationn is 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 this observation, the application is disposed of.
Order Date :- 8.4.2019 Sumaira