Allahabad High Court
Chandra Prakash & Anr. vs State Of U.P. & Anr. on 12 July, 2021
Bench: Saroj Yadav
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 31
Case :- U/S 482/378/407 No. - 2105 of 2021
Applicant :- Chandra Prakash & Anr.
Opposite Party :- State Of U.P. & Anr.
Counsel for Applicant :- Anuj Dayal
Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Saroj Yadav,J.
Mr. Anuj Dayal, learned counsel for the applicant, and Mr. Ashwani Kumar, learned A.G.A. for the State are present.
This application under Section 482 Cr.P.C. has been moved by the applicants with the prayer to " quash the warrant of arrest dated 04.02.2021 as well as order dated 03.04.2021, arising out of Case Crime No. 72 of 1997 under Sections 164,148,149,302,504 & 506 of Indian Penal Code, at Police Station Hydrabad, District Lakhimpur Kheri passed by learned Additional Sessions Judge-I, Lakhimpur Kheri in Case Crime No. 702(A) of 1998 (State Vs. Chandra Praksah and others)??."
It has further been prayed that the proceedings of Case No.702(A) of 1998 pending before the learned Additional Sessions Judge-I Lakhimpur Kheri be stayed.
Learned counsel for the applicants submitted that an F.I.R. was lodged against eight persons including the present applicants, however they were not chargesheeted as their implication was found to be false by the Investigating Officer. During trial applicants were summoned under Section 319 of The Code of Criminal Procedure as accused to face the trial.
Being aggrieved of that order applicants preferred Criminal Revision No. 262 of 2006, wherein the Court stayed the operation of summoning order dated 12.05.2006. Subsequently that Criminal Revision No.262 of 2006 was dismissed vide order dated 13.04.2017. During the pendency of aforesaid revision the trial proceeded against the chargesheeted accused persons and they were convicted vide judgment/order dated 24.03.2015. The convicted accused persons preferred Criminal Appeal No.563 of 2015, which is pending. After the dismissal of Criminal Revision by this Court vide order dated 13.04.2017 the applicant appeared before the trial court, but since the record of the sessions trial was not available, they could not surrender. Applicants moved application before the trial court for staying the proceedings till the original record is received back, but application remained pending.
It has been further mentioned that the learned trial court vide order dated 04.02.2021 issued non bailable warrant against the applicants and as a consequence local police is bent upon to arrest the applicants. The applicants moved application under Section 482 Cr.P.C. numbered as Criminal Misc. Case No.887 of 2021, wherein court vide order dated 02.03.2021 permitted the applicants to appear before the learned trial court and to move bail application/cancellation of non bailable warrant. In compliance of that order applicants moved application for recall of warrant on 12.03.2021, however on the same day the applicant No.1 fell ill, so application was not pressed.
This Court further extended the time for compliance of order dated 02.03.2021 by the applicants. Applicants again moved application for recall/cancellation of warrant on 31.03.2021, but the said application was dismissed for non prosecution. Although the counsel for the applicants were present and argued the matter.
Subsequently application for recall/cancellation of warrant on 03.04.2021 was moved and that too was dismissed on the ground that applicants were not present in the Court and have not obtained bail. The order dated 04.02.2021 passed by the trial court issuing warrant of arrest against the applicants is unwarranted and against the settled principles of law. Since the record is in the appellate court, so the trial court could not proceed against the applicants and their trial should be stayed till the record is received back from the High Court.
Learned A.G.A. opposed the above contentions and submitted that this Court dismissed the revision of the applicants, thereafter applicants moved application under Section 482 Cr.P.C. No. 887 of 2021, which was disposed of by this Court with direction that, if applicants appear before the trial court within a period of two weeks from the date of order and move application regarding bail/cancellation of non bailable warrant the same shall be disposed of in accordance with law. Till then no coercive action shall be taken against the applicants,but the applicants did not appear before the trial court and their application was not pressed by their counsel.
The applicants again got extended time for the purpose and this Court per order dated 26.03.2021 granted further two weeks time from the date of order for the purpose, but the applicants did not appear before the Court. Consequently the trial court dismissed their application and issued non bailable warrant, which is perfectly legal. So this application should be dismissed.
Considered the rival submissions and perused the record.
Perusal of the order dated 03.04.2021 of the trial court shows that file of sessions trial of applicants were separated vide order dated 08.01.2010 and was registered as Sessions Trial No.702 (A )of 1998 but remained stayed in compliance of order passed by this Court. Thereafter the revision was dismissed and the trial court proceeded against the applicants. When applicants did not appear, the orders were passed to issue non bailable warrant against them. They again came before this Court and limited protection was granted to them to appear before the Court and to move an application for bail and the court was directed to decide the same in accordance with law, but the applicants again did not appear before the trial court within the time granted.
The applicants got extended the time again, but they did not appear before the trial court even within the extended time. It shows that they are misusing the process of law on the pretext that their trial cannot be proceeded because the record is in the High Court in appeal. The order of the Lower Court itself shows that file of the applicants were separated which were numbered as noted above. So there remains no ground to interfere with the impugned orders dated 04.02.2021 and 03.04.2021.
The application under Section 482 Cr.P.C. deserves dismissal and is dismissed accordingly.
Order Date :- 12.7.2021
A.K. Singh
(Saroj Yadav, J.)
