Allowed stay on applicant's arrest for 20 days in an s.482 application challenging s.82 process. Investigation pending due to accused's non-cooperation; no infirmity found in impugned order.
Prayer for quashing dismissed. Stay on arrest granted for 20 days conditioned on surrender; zero additional penalty.
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Court No. - 2
Case :- APPLICATION U/S 482 No. - 22503 of 2019
Applicant :- Manoj Singh @ Manoj Kumar Singh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Devendra Tiwari Deva Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Devendra Tiwari Deva, learned counsel for the applicant and Sri Om Prakash-I, learned A.G.A. for the State and perused the record.
This application u/s 482 Cr.P.C. has been filed with a prayer to quash the impugned order of 82 Cr.P.C. dated 27.08.2018 passed by learned Judicial Magistrate, Court No.13, Azamgarh in Case Crime No. 41 of 2018 under Sections 41, 411, 419, 420, 467, 468 and 471 I.P.C. P.S. Mehnajpur, District Azamgarh.
The contention of the learned counsel for the applicant is that the procedure followed in issuing the process under Section 82 Cr.P.C. is erroneous. It is further argued that as on date, no charge-sheet has been submitted against the accused as the investigation is still going on, hence, no process under Section 82 ought to have issued against the accused. Learned counsel for the applicant further stated that if proceedings are allowed to continue, that would amount to an abuse of process of court.
Learned A.G.A. has vehemently opposed the prayer for quashing.
I do not agree with the arguments made by the learned counsel for the applicant because as per his own admission, the investigation is going on in which it appears that the accused is not cooperating because of which the police authorities have obtained process under Section 82 Cr.P.C. from the Court so that the presence of the accused may be procured in order to conclude the investigation, hence, no infirmity is found in the impugned order, accordingly, this application deserves to be dismissed and is accordingly dismissed.
Learned counsel for the applicant has assured the court that the accused would surrender before the authority which has issued the process under Section 82 Cr.P.C. within 20 days, therefore, for 20 days his arrest is stayed but in case he does not appear before the said authority within time, the said authority shall be at liberty to proceed against him in accordance with law.
Order Date :- 10.6.2019 A. Mandhani
3 issues framed by the court
Whether the orders issuing process under Section 82 Cr.P.C. should be quashed due to lack of charge-sheet and alleged error in procedure?
Whether the accused's arrest can be stayed if he ensures surrender within a specified timeframe?
Whether the investigation is ongoing and the accused is uncooperative justifying the issue of process under Section 82 Cr.P.C.?
2 provisions across 1 enactments
Manoj Singh @ Manoj Kumar Singh
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
