Court No. - 70
Case :- APPLICATION U/S 482 No. - 20172 of 2019 Applicant :- Vijay Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Prem Chandra Dwivedi 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 N.B.W. dated 20.9.2017 arising out of Case Crime No. 01 of 1992 and proceedings of G.S.T. No. 54 of 1999 (State Vs. Mahaveer and others), under Section 2/3 U.P. Gangster Act, Police Station Sikandra, District Agra pending in the court of Special Judge (Gangster Act), Agra.
The record indicates that the applicant was granted bail, and thereafter, he does not appear before the trial court, therefore, non bailable warrant was issued against him.
Learned counsel for the applicant submits that the applicant has regularly attend the court up to 16.8.2017. Thereafter, he had no knowledge about the next date fixed in the matter and on account of communication gap, the applicant could not appear in the court proceedings and Non-bailable warrant has been issued on 20.9.2017 against him.
Per contra, learned AGA contended that non-bailable warrant has been issued in the year 2017 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 2017 i.e. for the last about two 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 applicant in the lower court, I find no good ground to interfere with the order of lower court issuing non-bailable warrants dated 20.9.2017 against the applicant and further proceedings pursuant thereto.
Accordingly, the relief claimed by the applicant is refused.
However, it is provided that if the applicant appears before the court concerned within fifteen days from today and applies for bail, his 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.
For a period of 15 days from today no coercive action shall be taken against the applicant.
With the aforesaid direction, the application is disposed of. Order Date :- 30.5.2019 AK Pandey