Rajendra & 2 Others vs State Of U.P.
2013 Latest Caselaw 3849 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 43
 

 
Case :- CRIMINAL APPEAL No. - 2967 of 2013
 

 
Appellant :- Rajendra & 2 Others
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Nipun Singh
 
Counsel for Respondent :- Govt. Advocate
 

 
Hon'ble Naheed Ara Moonis,J.

Heard learned counsel for the appellant and the learned AGA.

Admit.

The instant appeal has been preferred against the judgment and order dated 3.6.2013, passed by the Additional Sessions Judge, Court No.16, Meerut in Criminal Misc. Case No.9 of 2012, arising out of a Session Trial No.1987 of 2009, State Vs. Omkar & others, P.S. Jaani, District Meerut, whereby the application for cancellation of recovery warrant against the appellants was rejected.

It is submitted by the learned counsel for the appellants that the appellants are the sureties of one accused Kallu in the aforesaid trial, who is the son of the appellant no.1, Rajendra.

It is contended by the learned counsel for the appellants that the son of the appellant no.1 could not be traced out as he had been abducted by some unknown persons, and when information was given to the police the police did not try to trace him. After no alternative left the appellant no.1 had moved an application under Section 156(3) Cr.P.C. for registering the case against the accused persons who had kidnapped his son. As his son could not be traced out and could not appeared before the court below, hence the proceeding has been initiated under Section 446 Cr.P.C. against the appellants. The appellants have filed the objection which has been rejected by the impugned order and the trial court has proceeded to recover the surety amount in pursuance of the recovery warrant issued earlier.

It is further contended that it is beyond the control of the appellants to produce the accused and the court below has erroneously rejected their application for cancelling the recovery warrant.

In view of the above submission, as notice has already been accepted on behalf of State, the learned AGA is directed to file counter affidavit within three weeks.

List this case immediately after three weeks.

Till the next date of listing, effect and operation of the order dated 3.6.2013, passed by the Additional Sessions Judge, Court No.16, Meerut in Criminal Misc. Case No.9 of 2012, arising out of a Session Trial No.1987 of 2009, State Vs. Omkar & others, P.S. Jaani, District Meerut, shall be kept in abeyance.

Order Date :- 9.7.2013

Mustaqeem.