Allahabad High Court
Shiv Lal vs State Of U.P. Thru. Prin. Secy. ... on 21 October, 2022
Bench: Ajai Kumar Srivastava-I
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 27
Case :- APPLICATION U/S 482 No. - 7643 of 2022
Applicant :- Shiv Lal
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another
Counsel for Applicant :- Pradeep Kumar Shukla,Ram Suphal
Counsel for Opposite Party :- G.A.
Hon'ble Ajai Kumar Srivastava-I,J.
Heard Sri Pradeep Kumar Shukla, learned counsel for the applicant, Sri Amrish Verma, learned A.G.A for the State and perused the entire record.
The instant application under Section 482 Cr.P.C. has been filed by the applicant for quashing the non-bailable warrant order dated 30.08.2022 passed by the learned Additional Chief Judicial Magistrate, court No.17, Sultanpur in Criminal Case No.5864 of 2021 (State vs. Shiv Lal) arising out of Case Crime No.460 of 2014, under Sections 323, 504 I.P.C., Police Station Kurebhar, District Sultanpur.
In view of the order which is proposed to be passed today, notice to opposite party No.2 is hereby dispensed with.
Learned counsel for the applicant has submitted that the applicant was enlarged on bail vide order dated 07.07.2015 passed by the learned Additional Chief Judicial Magistrate, Court No.22, Sultanpur. The applicant never misused the liberty granted to him by the learned trial court. However, due to some unavoidable circumstances, the applicant could not appear as he had no knowledge of the proceeding. Thereafter, due to his absence, the impugned non-bailable warrant dated 30.08.2022 has been issued against the applicant.
His further submission is that the process of non-bailable warrant issued against the applicant is in contravention of law laid down by the Hon'ble Supreme Court in Raghuvansh Dewanchand Bhasin vs. State of Maharashtra reported in (2012) 9 SCC 791 and in Inder Mohan Goswami and another vs. State of Uttaranchal and others reported in (2007) 12 SCC 1.
Per contra, learned A.G.A. has opposed the prayer and has submitted that the process of non-bailable warrant has been issued due to his absence and non-cooperation of the applicant. Therefore, no interference for the same is warranted by this Court.
It is relevant to extract Category A as mentioned in the judgment rendered by Hon'ble the Apex Court in the case of Satender Kumar Antill vs. Central Bureau of Investigation and others reported in MANU/ SC/ 1024/ 2021 which is quoted herein below :
"After filing of charge sheet/complaint taking of cognizance.
a) Ordinary summons at the 1st instance/including permitting appearance through Lawyer.
b) If such an accused does not appear despite service of summons, then Bailable Warrant for physical appearance may be issued.
c) NBW on failure to failure to appear despite issuance of Bailable Warrant.
d) NBW may be cancelled or converted into a Bailable Warrant/Summons without insisting physical appearance of accused, if such an application is moved on behalf of the accused before execution of the NBW on an undertaking of the accused to appear physically on the next date/s of hearing.
e) Bail applications of such accused on appearance may be decided w/o the accused being taken in physical custody or by granting interim bail till the bail application is decided."
Having regard to the overall facts and circumstances of this case, the instant application is disposed of with a direction that in case, the applicant appears before the learned trial court and moves an application for bail/ cancellation of the impugned non-bailable warrant order dated 30.08.2022 within fifteen days from today, in that eventuality, the learned court shall dispose of such application on its own merits keeping in view the law laid down by the Hon'ble Supreme Court in Raghuvansh Dewanchand Bhasin' case (supra), Inder Mohan Goswami's case (surpa) and in Satender Kumar Antill's case (supra), by keeping the non-bailable warrant dated 30.08.2022 in abeyance for a period of fifteen days only.
It is made clear that if the applicant fails to appear before the learned trial court to move an application for bail/ cancellation of the impugned non-bailable warrant order dated 30.08.2022 within the stipulated period as indicated above, the protection granted to him shall come to an end without any further reference to this Court.
(Ajai Kumar Srivastava-I, J.)
Order Date :- 21.10.2022
cks/-
