Bharat Singh Thakur @ Abhishek Chauhan vs. State Of U.P. And Anr
Held
The Court did not quash the proceedings. Instead, as a matter of last opportunity, the applicant was directed to move an application for recall of the non-bailable warrant or for bail, either personally or through counsel, within two months from the date of the order. The court below was directed to consider and dispose of this application in accordance with law, passing a speaking and reasoned order after affording an opportunity to the prosecution. Until the expiry of the two-month period, no coercive action was to be taken against the applicant. The Court made it clear that if no such application was moved within the prescribed time, the trial court would be at liberty to proceed further with the case. The application was finally disposed of with these directions.
Facts
The applicant, Bharat Singh Thakur @ Abhishek Chauhan, filed an application under Section 482 of the Code of Criminal Procedure to quash GST Case No. 41 of 2019 and charge sheet no. 283A of 2019, arising from case crime no. 702 of 2018 under Section 2/3 Gangster Act. The proceedings are pending before the Additional Sessions Judge VI, Mainpuri. The applicant contended that he had not deliberately avoided court attendance or intended to delay the trial. He sought permission to surrender before the court below with an undertaking to appear on fixed dates. The State supported the lower court's proceedings and the issuance of a non-bailable warrant, but conceded that the court might grant time for surrender if the applicant promised to do so within a stipulated period.
Key Issues
1. Whether the proceedings of GST Case No. 41 of 2019 and charge sheet no. 283A of 2019, arising out of case crime no. 702 of 2018 under Section 2/3 Gangster Act, should be quashed. Petitioner's Argument: The applicant argued that he had no intention to delay the trial and was ready to surrender before the court below with an undertaking to appear on scheduled dates. Revenue's Argument: The State supported the lower court's proceedings and the issuance of a non-bailable warrant. However, the learned AGA conceded that if the applicant promised to surrender within a stipulated period, the court might grant some time for surrender.
Sections Cited
Section 482
AI-generated summary — verify with the full judgment below
Court No. - 38 Case :- APPLICATION U/S 482 No. - 10388 of 2020 Applicant :- Bharat Singh Thakur @ Abhishek Chauhan Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Mohammad Khalid Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the material available on record of this application.
This application has been filed by the applicant with a prayer to quash the entire proceeding of GST Case No.41 of 2019 as well as charge sheet no.283A of 2019 dated 26.10.2019 arising out of case crime no.702 of 2018, under Section 2/3 Gangster Act, P.S. Kotwali, District Mainpuri, pending in the court of Additional Sessions Judge VI, Mainpuri.
Learned counsel for the applicant submits that applicant has neither deliberately avoided to attend the court below nor he has any intention to delay the trial. However, he made promise, as has been extended on behalf of the applicant, that as a matter of last chance, he may be permitted to appear/surrender before the court below as he is ready to give an undertaking that he will always appear before the trial court on the date fixed.
Learned AGA has
The judgment continues below.
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