Manoj Tyagi vs The State Of Madhya Pradesh
2021 Latest Caselaw 954 MP

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               HIGH COURT OF MADHYA PRADESH
                        MCRC.No.15514/2021
               (Manoj Tyagi Vs. State of M.P. and others)

Gwalior, Dated : 22.3.2021

      Shri Arun Katare, learned counsel for the petitioner.

      Ms.    Kalpana    Parmar,   learned    Panel   Lawyer     for   the

respondent/State.

Heard.

(1) The present petition is being filed under Section 482 of Cr.P.C.

seeking quashment of order dated 8.3.2021 passed by the Special

Judge (POCSO) Gwalior in Case No.14/2015, by which an application

under section 317 of Cr.P.C. has been rejected and the arrest warrants

has been issued for production of the petitioner before the Court.

(2) It is alleged that the criminal case was registered against the

petitioner for offence under section 363, 366 of IPC and under section

8 of the Protection of Children from Sexual Offences Act, 2012 and the

same was pending consideration and the trial was going on. The

statement of witnesses have already been recorded in the case and the

defence witnesses were to be recorded. An application under section

317 of Cr.P.C. is being filed by the petitioner seeking permission to

appear before the Court pointing out the fact that he was not well and

admitted in District Hospital, Morena and was only discharge on

8.3.2021, therefore, he could not appear before the Court due to illness.

In such circumstances, he has prayed for allowing the application and

is ready to appear before the Court on the date fixed by the Court. The

HIGH COURT OF MADHYA PRADESH MCRC.No.15514/2021 (Manoj Tyagi Vs. State of M.P. and others)

learned Trial Court has rejected the application and issued arrest

warrants, therefore, the present petition is being filed seeking

quashment of the aforesaid order with a permission to appear before

the Trial Court on the next date. It is pointed out that the trial is over

and the matter is fixed for final arguments and delivery of judgment

listed tomorrow i.e. 23rd March, 2021. The learned Trial Court has not

considered the documents of Government Hospital filed by the

petitioner. It is submitted that he is ready to appear before the Court on

23rd March, 2021 and therefore, prays for setting aside of the

impugned order.

(3) Per contra counsel for the State has opposed the petition stating

that several opportunities have already been granted to the petitioner

by the learned Trial Court. He has filed application under section 317

of Cr.P.C. on several occasions which are reflected from order-sheets

dated 12.2.2021, 22.1.2021, 30.1.2021, 5.2.2021, 10.2.2021,

19.2.2021, 22.2.2021, 24.2.2021, 25.2.2021, 27.2.2021, 1.3.2021,

3.3.2021, 6.3.2021, 8.3.2021 and 12.3.2021. But, the petitioner has

not complied with the directions given by this Court from time to time

and has remained absented and has not present himself before the

Court. In such circumstances, the last application preferred by the

petitioner was rejected vide impugned order and directed for issuance

of arrest warrant to keep him present before the Court. Therefore, no

HIGH COURT OF MADHYA PRADESH MCRC.No.15514/2021 (Manoj Tyagi Vs. State of M.P. and others)

illegality has been committed by the learned Trial Court and she has

prayed for dismissal of the application.

(4) Heard the learned counsel for the parties and perused the record.

(5) From perusal of the record, it is seen that the petitioner has

remained absent from the Court on several occasions pointing out the

fact that he was not well and was admitted in Govt. Hospital Morar and

was only discharge on 8.3.2021, therefore, he could not keep himself

present before the Court. The Trial Court has considered and allowed

the application filed under section 317 of Cr.P.C. on several occasions

as is reflected from the order-sheets, but when the petitioner has failed

to keep himself present before the Court, therefore, the Court was left

with no other option except to issue arrest warrants against the

petitioner for his production. In such circumstances, no illegality is

committed by the learned Trial Court. But as the petitioner has given

an undertaking that he will remain present before the Court tomorrow

i.e. 23rd March, 2021 positively. In such circumstances, this Court

deems it appropriate to direct that in case the petitioner keep himself

present before the Court tomorrow on 23rd March, 2021 along with

all the relevant medical documents in support of his case and furnishes

a fresh bail bond to the tune of Rs.25,000/- (Rupees Twenty Five

Thousand only) the Trial Court is directed to mark his presence

before the Court and thereafter proceed with the case in accordance

HIGH COURT OF MADHYA PRADESH MCRC.No.15514/2021 (Manoj Tyagi Vs. State of M.P. and others)

with law.

(6) Needless to say that this Court has not commented upon the

merits of the case.

(7) Accordingly, this petition is disposed of.

E-copy/Certified copy as per rules/directions.

                                                          (Vishal Mishra)
Pawar*                                                        Judge
    ASHISH
    PAWAR
    2021.03.23
    13:04:25
    +05'30'