Court No. - 49
Case :- APPLICATION U/S 482 No. - 14716 of 2018 Applicant :- Shravan Kumar Dixit Opposite Party :- State Of U.P. Counsel for Applicant :- Anurag Dubey Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the NBW dated 20.02.2018 and the proceedings u/s 82 Cr.P.C. initiated vide order dated 23.03.2018 and u/s 83 Cr.P.C. initiated vide order dated 30.03.2018 against the applicant in Case No. 96 of 1996 (State Vs. Ram Sajeevan and others), arising out of Case Crime No. 594 of 1982, under Section 409 I.P.C., Police Station- Kotwali Nagar, District- Etah, issued by the learned Special Judge, SC/ST Act, Etah.
Learned counsel for the applicant submits that while an FIR had been lodged on 22.09.1982, the applicant had been enlarged on bail on 14.10.1985 and thereafter he also retired from the service on the post of Supervisor, Samaj Kalyan Vibhag, it is submitted that at present, the applicant is 70 years of age.
Further, it is submitted that while the applicant had initially participated in the trial, he somehow lost track of the same owing to the fact that the file in the trial remained missing for sometime and sometimes the court remained vacant.
Last, it has been submitted that upon the file being traced out, the proceedings remained pending at stage of issue of summon that were somehow never served on the applicant and thus he had no knowledge of the proceedings. In such circumstances, NBW have been issued against the applicant.
It is prayed that one opportunity may be granted to the applicant to appear before the learned court below and apply for bail.
Considered the submissions made by the learned counsel for the applicant and perused the impugned order as well as the other materials brought on record. Without expressing any opinion on the merits of the case, this application is disposed of with the following direction:
(i) the applicant shall move an application to cancel the non- bailable warrant issued against him before the court below within three weeks from today along with the certified copy of this order;
(ii) in that case the concerned court will exercise its discretion to pass appropriate order thereon to either recall the non bailable warrant issued against the applicant or to direct the applicant to file fresh bail bonds within a further period of one week , thereafter;
(iii) for a period of four weeks from today, non-bailable warrant issued against the applicant shall be kept in abeyance.
In the event of failure, on part of the applicant to act within time as directed above, the Court below may adopt all coercive measures to ensure his appearance.
Order Date :- 30.4.2018 A. Singh