Allahabad High Court
State Of U.P. vs Ram Dutt & Others on 20 December, 2018
Bench: Mohd. Faiz Khan
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 29
Case :- CRIMINAL APPEAL No. - 429 of 1997
Appellant :- State Of U.P.
Respondent :- Ram Dutt & Others
Counsel for Appellant :- Govt. Advocate
Counsel for Respondent :- S.P. Shukla,Ayodhya Prasad Shukla,Brijesh Yadav "Vijay"
Hon'ble Mohd. Faiz Alam Khan,J.
(In Ref:- Crl.Misc.Application No.142003 of 2018)
Sri Brijesh Yadav, learned counsel for the respondents has filed vakalatnama on behalf of respondent No.8/Radhey Shyam, the same is taken on record.
Sri Brijesh Yadav, learned counsel for the respondents is present along with learned A.G.A. for the State.
Heard learned counsel for the respondents with regard to the Criminal Misc. Application No.142003 of 2018 dated 14.12.2018, whereby a prayer has been made to recall the order dated 12.12.2018, whereby the bailable warrants were issued against respondent Nos. 1, 2, 4, 6 and 7 and non-bailable warrant was issued against respondent No.8.
Learned counsel for the respondents while pressing his application submits that the aforesaid respondents were not at fault as it was his duty to remain present before this Court and, therefore, the respondents should not be penalized on the fault of an Advocate.
He requested that the warrants issued against the respondents be cancelled.
Learned A.G.A. however has not made any objection to this prayer, but submits that as the criminal appeal is quite old, the same be argued at the earliest to which learned counsel for the respondents readily give an commitment before this Court to the effect that on the next date of listing he will argue the appeal and will not seek any adjournment, on whatsoever grounds.
Perusal of the record shows that vide order dated 12.12.2018, bailable warrants of Rs.20,000/- were issued against the respondent Nos.1, 2, 4, 6 and 7 while non-bailable warrants were issued against the respondent No.8/Radhey Shyam and respondents were directed to appear before the Chief Judicial Magistrate, Gonda, on the condition that if respondents will appear before CJM Gonda he will be under an obligation to release the accused persons on bail with further direction to remain present before this Court on 10.01.2019. However respondents have choosen to appear before this Court and move this application to cancel the warrant issued vide order dated 12.12.2018.
Keeping in view the totality of facts and the commitment given by Sri Brijesh Yadav, learned counsel for the respondents that he will argue the appeal on the next date of listing, I am inclined to cancel the warrants issued against respondent Nos. 1, 2, 4, 6, 7 and 8.
In view of this the warrants issued against the respondents vide order dated 12.12.2018 are hereby canceled.
Since the warrants issued against the respondents mentioned herein above have been canceled, the personal appearance of the respondent Nos. 1, 2, 4, 6, 7 and 8 is also exempted for 10.01.2019. However learned counsel for the respondents, as directed above, shall remain present before this Court on the date fixed and argue the case.
List as directed on 15.01.2019.
Order Date :- 20.12.2018
Praveen
