Mohd. Jafar vs. State Of U.P.
Held
The Court disposed of the application by directing that if the applicant appears before the learned court below within thirty days from the date of the order and applies for the cancellation of the NBWs, the court may cancel them, subject to the applicant's compliance. For a period of thirty days, no coercive action would be taken against the applicant in the said case. Furthermore, subject to the applicant's compliance, he would be at liberty to move an appropriate application under Section 205 Cr.P.C. to seek dispensation of his personal appearance before the court below. Any such application, if filed, would be dealt with and decided on its own merits, in accordance with law. The Court did not expressly leave any issue undecided, but the ultimate decision on dispensing with appearance under Section 205 Cr.P.C. was left to the lower court.
Facts
The applicant, Mohd. Jafar, filed an application under Section 482 of the Code of Criminal Procedure (Cr.P.C.) before the Allahabad High Court. The application sought to quash Non-Bailable Warrants (NBWs) issued against him on December 13, 2011, in GST Case No. 189/2009, which originated from Case Crime No. 61 of 2008 under Sections 2/3 of the U.P. Gangsters Act. The case was pending before the Special Judge (Gangster Act), Agra. The applicant had been enlarged on bail on July 5, 2008, and had participated in trial proceedings for over three years. Subsequently, due to health reasons, he could not appear further, leading to the issuance of NBWs.
Key Issues
1. Whether the Non-Bailable Warrants issued against the applicant on December 13, 2011, in GST Case No. 189/2009, arising out of Case Crime No. 61 of 2008 under Sections 2/3 of the U.P. Gangsters Act, should be quashed. Petitioner's Contention: The applicant argued that he was enlarged on bail on July 5, 2008, and had actively participated in the trial proceedings for more than three years. His subsequent absence from court was due to deteriorating health. Revenue/State's Contention: The judgment does not record any specific arguments or contentions made by the learned AGA for the State regarding the quashing of the NBWs.
Sections Cited
Section 482, Section 205 Cr.P.C.
AI-generated summary — verify with the full judgment below
Court No. - 64 Case :- APPLICATION U/S 482 No. - 39501 of 2022 Applicant :- Mohd. Jafar Opposite Party :- State of U.P.
Counsel for Applicant :- Prem Chandra Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicant and the learned AGA for the State.
Present application has been filed to quash the Non Bailable Warrants dated 13.12.2011 in GST No. 189/2009 arising out of Case Crime No. 61 of 2008 under Sections 2/3 U.P. Gangsters Act, Police Station Mantola, District Agra, pending in the court of Special Judge (Gangster Act) Agra.
Submission is, the applicant was enlarged on bail on 05.7.2008.
Despite his failing health, the applicant participated in the trial proceedings for more than three years. At that point, for health reasons the applicant could not appear further in Court and Non Bailable Warrants have been issued against the applicant.
In view of the above, present application is disposed of with a direction, in case the applicant appears before the learned court below within thirty days from today and applies for cancellation of NBW, the learned court below may cancel the NBW subject to compliance by the applicant
The judgment continues below.
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