Court No. - 70
Case :- APPLICATION U/S 482 No. - 16952 of 2019 Applicant :- Syed Azam @ Syed Azam Syed Ahmed Bahamani Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Vinay Kumar Singh,Rajesh Kumar Singh 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 chargesheet No.26 of 2004 dated 24.08.2004 arising out of Case Crime No.02 of 1997, cognizance order dated 23.12.2006 and proceedings of Criminal Case No.5873 of 2006 (State vs. C. Chennai & others), under Sections 420, 467. 468. 471 & 120B IPC & Section 66/153 Railway Act, police station G.R.P., district Jhansi pending in the Court of Additional Chief Judicial Magistrate (Railway), Jhansi.
Learned counsel for the applicant submits that non-bailable warrant has also been issued against him. It is stated that infact the applicant has not received any notice or summon about the issuance of non-bailable warrant.
Per contra, learned AGA contended that non-bailable warrants have been issued in the year 2012 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 29.10.2012, i.e. for the last about 7 years and wants 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 warrants.
Accordingly, the relief as claimed is refused.
However, it is provided that if the applicant appears before the court concerned within 15 days from today and applies for bail, his prayer for bail shall be heard and disposed of by the courts below as early as possible, in accordance with settled law laid down by the Seven Judges' decision of this Court in the case of 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 the period of 15 days, no coercive action shall be taken against the applicant.
The application is accordingly disposed of.
Order Date :- 29.4.2019 SKD