Allahabad High Court
Sarfaraj vs State Of U.P. And Another on 22 February, 2023
Bench: Vikram D. Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 51
Case :- APPLICATION U/S 482 No. - 6529 of 2023
Applicant :- Sarfaraj
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Narendra Nath Tripathi
Counsel for Opposite Party :- G.A.,Juned Alam
Hon'ble Vikram D. Chauhan,J.
Heard learned counsel for the applicant and learned AGA for the State.
This application under Section 482 Cr.P.C. has been filed by the applicant for quashing Non Bailable Warrant order dated 16.10.2021 as well as Section 82 Cr.P.C. order dated 14.12.2022 in CNR Number UPKV040010682019_Case No. 468/2019 (State Versus Sarfaraj Ahmad), under Sections 504, 506, 326, 511 I.P.C., Police Station Tarya Sujan, District Kushinagar, arising out of Case Crime No. 400/2018, pending before Chief Judicial Magistrate, Kushi Nagar Padrauna.
Learned counsel for the applicant submits that the present application under Section 482 Cr.P.C. is filed challenging the non-bailable warrant issued by the court below and Section 82 Cr.P.C. proceedings. He submits that earlier the proceedings of the court below was stayed by this Court by order dated 26.6.2019. However, the aforesaid order stands vacated in view of the judgment of the Apex Court in Asian Resurfacing of Road Agency Private Limited and another Vs. Central Bureau of Investigation, (2018) 16 SCC 299 and thereafter the court below has proceeded to issue process against the applicant. It is submitted by learned counsel for the applicant that he could not appear before the court below after the fresh process was issued. However, he is ready to appear before the court below and seek bail.
Sri Juned Alam, learned counsel appearing on behalf of opposite party no. 2 submits that the applicant is avoiding the lower court proceedings and is not participating in the proceedings and as such time may be fixed so that the applicant may appear before the court below without fail.
It is to be noted that once a process has been issued by the court concerned then the accused is obliged under law to appear before the court concerned or to challenge the aforesaid process before higher court. In the present case, the occurrence is of the year 2018. The stay order granted by this Court has been vacated in view of the judgment of the Apex Court in Asian Resurfacing (supra) as has been submitted by learned counsel for both the parties.
Considering the fact that the applicant is ready to participate in the lower court proceedings, it is hereby provided that the applicant shall surrender before the court concerned within a period of 20 days from today. For a period of 20 days, Non-bailable Warrant and Section 82 Cr.P.C. proceedings shall be kept in abeyance. The applicant shall appear before the court concerned within the aforesaid time. In case any bail application is filed by the applicant, the same shall be considered expeditiously. It is hereby provided that in case the applicant does not appear within 20 days from today before the court concerned, the court concerned and police authorities shall take steps for production of the applicant before the court below without fail.
The application under Section 482 Cr.P.C. is disposed of with the aforesaid observation and direction.
Order Date :- 22.2.2023
VMA
