Allahabad High Court
Ajeet Kumar vs State Of U.P.And Another on 29 June, 2022
Bench: Saurabh Shyam Shamshery
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 42
Case :- APPLICATION U/S 482 No. - 16740 of 2022
Applicant :- Ajeet Kumar
Opposite Party :- State Of U.P.And Another
Counsel for Applicant :- Shashank Singh,Shrey Singh
Counsel for Opposite Party :- G.A.
Hon'ble Saurabh Shyam Shamshery,J.
1. Heard learned counsel for the parties.
2. The present application under Section 482 Cr.P.C. has been filed for quashing the entire proceedings of Case No.1567 of 2016 (State vs. Ajeet Kumar) arising out of Case Crime No.28 of 2016, under Sections 279, 338, 427 IPC, P.S. - Naraura, District - Bulandshahar, pending before Rural Court, Dibai, District - Bulandshahar, pursuant to charge sheet dated 27.4.2016 as well as cognizance order dated 10.8.2016, passed by Additional Chief Judicial Magistrate, Anoopshahar, Bulandshahar.
3. It is not under dispute that applicant has not appeared before the concerned Trial Court for more than one and half year. The first argument raised by Shri Shrey Singh, learned counsel for applicant that cognizance order was on printed proforma, however, I have perused the cognizance order and found that it is not a language of printed proforma rather the concerned Trial Court after perusing the case diary, passed the cognizance order, therefore, this submission of learned counsel for applicant is rejected.
4. Further submission is that while issuing the order for N.B.W. against the applicant, concerned Trial Court has not mentioned that applicant was absconding and for that, he has relied upon para 9 of the judgment passed by Apex Court in Aman Preet Singh vs. C.B.I. Through Director; 2021 SCC OnLine SC 941. The relevant part of paragraph 9 is quoted hereinafter :-
"9. (ii) In case the Court or Magistrate exercised the discretion of issuing warrant of arrest at any stage including the stage while taking cognizance of the charge sheet, he or it shall have to record the reasons in writing as contemplated under Section 87 Cr.P.C. that the accused has either been absconding or shall not obey the summons or has refused to appear despite proof of due service of summons upon him."
5. I have perused the order sheet annexed along with this application.
6. The summons were issued way back in the year 2016. Applicant appeared in pursuance of summoning order, however, thereafter, either he has filed an application for non-appearance or remained absent even he was remained absent when the matter was fixed for framing of charge. Thereafter, summons were issued, however, he has avoided the same and it appears that on one hand, he has avoided the summons and on other hand, he has also filed the application for non-appearance. Thereafter, again the applicant remained absent in the year 2020 as many as on 7 to 8 dates and only thereafter, on 4.12.2020 N.B.W. was issued and thereafter, applicant remained absent for more than one and half year.
7. The Apex Court in the case of Aman Preet Singh (Supra) has passed the above order considering that in case, an accused is not arrested during investigation and has not appeared, a reasoned order be passed to issue Non-Bailable Warrant. However, the conduct of present applicant is not such as he has not only avoided the due process of law for more than one and half year has failed to appear before the concerned Trial Court. There is no submission that N.B.W. was not served.
8. Therefore, I do not find any merit that any benefit could be granted to the applicant in view of the judgment passed by Apex Court in Aman Preet Singh (Supra).
9. In view of above, while rejecting the prayer of applicant, police authorities/officials are directed to arrest the accused applicant within 72 hours and produce him before the concerned Trial Court.
10. With the aforesaid directions, the present application is disposed of.
Order Date :- 29.6.2022
Rishabh
[Saurabh Shyam Shamshery, J.]
