Sarfuddin And Another vs State Of U.P. And Another
2023 Latest Caselaw 12704 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 72
 

 
Case :- APPLICATION U/S 482 No. - 14623 of 2023
 

 
Applicant :- Sarfuddin And Another
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Atul Pandey
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Mrs. Sadhna Rani (Thakur),J.

Heard learned counsel for the applicant, learned A.G.A. and perused the record.

By moving this application under Section 482 Cr.P.C., the prayer is made to quash the Non Bailable warrants dated 29.03.2023 issued against the applicants in Criminal Appeal No.13/ 2019, under Sections 323, 452, 504, 506 I.P.C., P.S. Saraimeer, District Azamgarh (Ansar Ahmad Versus Sarfuddin and Others) pending before the court of Additional District and Sessions Judge, Court No.6, District Azamgarh and all its consequential proceedings.

Vide order dated 29.03.2023, the trial court has rejected the attendance exemption application of the applicants.

It is submitted by the learned counsel for the applicants that in appeal even on the date of judgment the presence of the applicants was not needed. It is further submitted that the transfer application was pending for transferring the case from that particular court where the case is pending but the trial court is adamant to pass judgment. Hence, the prayer is made accordingly.

From the perusal of the order sheet dated 23.01.2023, it is clear that as case was fixed for arguments since last many dates, so notices were issued for the applicants through the S.H.O. of the police station concerned. Since before 20.12.2022 the case was being fixed for arguments. On 21.03.2023 partial arguments were heard and on 22.03.2023 after hearing the arguments the case was fixed for judgment. From the date fixed of judgment i.e. 27.03.2022 the applicants were absent. They were also absent on 29.03.2023 the next date fixed for judgment, then the trial court was compelled to issue non-bailable warrants against the applicants. The transfer application of the applicants was rejected by the District and Sessions Judge, Azamgarh vide order dated 31.03.2023. Vide order dated 29.03.2022, the trial court rejected the attendance exemption application of the applicants on the ground that the case was fixed for judgment and already non-bailable warrants had been issued against the applicants.

Thus, from the perusal of the order sheet, it is clear that non-bailable warrants were being issued against the applicants and if the non-bailable warrants were issued certainly the attendance exemption application of the applicants could not be said to be maintainable before the trial court and that is why the trial court rejected the attendance exemption application of the applicants.

The impugned order dated 29.03.2023 is legally a perfect order, which needs no interference.

There is no force in the arguments advanced by the counsel for the applicants.

The application under Section 482 Cr.P.C. being devoid of merit is rejected accordingly.

Order Date :- 25.4.2023

Radhika