Bunty vs. State Of U.P. And Another
Facts
The applicant, Bunty, filed an application under Section 482 of the Cr.P.C. seeking to quash a Non-Bailable Warrant (NBW) dated May 11, 2018, and proceedings under Section 82 of the Cr.P.C. issued against him. These actions stem from GST Case No. 244 of 2012, which originated from Case Crime No. 251 of 2002 under the Gangster Act, pending before the learned Additional Session Judge, Court No. 5 (Gangster), Mainpuri. The applicant contended that he was previously enlarged on bail but lacked knowledge of the proceedings being transferred from Agra to Mainpuri, leading to his non-appearance on certain dates and the subsequent issuance of the NBW.
Held
The Court refused to quash the impugned Non-Bailable Warrant and related proceedings at this stage. The Court found that the applicant's arguments involved factual disputes and required an appraisal of evidence, which is not suitable for a Section 482 Cr.P.C. application. However, considering the nature of the alleged offense and the circumstances, the Court directed that if the applicant appears before the court below within 45 days from the order date and applies for bail, his bail application shall be considered and decided in accordance with the settled law, referencing the cases of Amrawati and another Vs. State of U.P. and Lal Kamlendra Pratap Singh Vs. State of U.P. The NBW was ordered to be kept in abeyance for 30 days from the order date. The application was disposed of.
Key Issues
1. Whether the Non-Bailable Warrant dated May 11, 2018, and the proceedings under Section 82 of the Cr.P.C. issued against the applicant are liable to be quashed, considering the applicant's submission of lack of knowledge regarding the transfer of proceedings and his prior bail status? Contentions: Petitioner: The applicant argued that he was unaware of the transfer of the case from Agra to Mainpuri and therefore could not appear before the court on specific dates, leading to the issuance of the NBW. This lack of knowledge, coupled with his previous bail, should warrant the quashing of the NBW and related proceedings. Revenue/State: The learned A.G.A. for the State did not present specific arguments on the merits of quashing the order, but the Court's refusal to quash at this stage indicates an implicit stance against the applicant's plea without factual determination.
Sections Cited
Section 482, Section 82
AI-generated summary — verify with the full judgment below
Court No. - 49 Case :- APPLICATION U/S 482 No. - 24915 of 2018 Applicant :- Bunty Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Anurag Dubey Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the NBW dated 11.05.2018 issued by the learned Addl. Session Judge, Court No. 5/Special Judge (Gangster Act), Mainpuri and the proceeding U/s 82 Cr.P.C. issued on 11.05.2018 against the applicant as well as the entire proceedings of GST No. 244 of 2012 (State Vs. Banti & Others), arising out of Case Crime No. 251 of 2002, under Section 2/3 Gangster Act, Police Station- Kotwali, District- Mainpuri, pending in the court of learned Addl. Session Judge, Court No. 5 (Gangster), Mainpuri.
Learned counsel for the applicant submits that the applicant had earlier been enlarged on bail, however, he did not have knowledge of transfer of the proceedings from Agra to Mainpuri. Thus, he could not appear on some dates before the learned court below. Consequently, NBW has been issued against the applicant.
Having heard the learned counsel
The judgment continues below.
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