In an application under Section 482 CrPC seeking an arrest direction for a defaulting party in a pending trial, the High Court refused, stating trial courts are not helpless to ensure attendance and declined to intervene in trial court proceedings.
The High Court refused to issue a direction for the arrest of the opposite party for non-appearance.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 67
Case :- APPLICATION U/S 482 No. - 7028 of 2019
Applicant :- Khushboo Devi Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rajesh Kumar Bind Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicant as well as learned A.G.A
By means of the present application, the prayer sought by the applicant is to direct the court concerned to arrest the opposite party no.2 in pursuance of non-appearance before the court in case crime no.524 of 2017 under Sections 506, 509 IPC and Section 3(1)(10) SC/ST Act, Police Station-Highway, DistrictMathura arising out of S.T No.246 of 2018(State Vs. Bhudeo) pending in the court of Additional Sessions Judge, Court No.2, Mathura.
A very strange prayer is sought by the applicant that opposite party no.2 is not appearing in Case Crime no.524 of 2017 under Sections 506 and 509 IPC. This Court cannot give a direction to the court concerned to arrest opposite party no.2 in case of any default on the part of opposite party no.2 and the court concerned is not helpless to ensure the attendance of opposite party no.2.
However, it is expected from the learned trial Court to use his power so that Sessions Trial No.246 of 2018(State Vs. Bhudeo) may be decided within specific time frame.
With the aforesaid observations, the present application stands disposed of.
Order Date :- 14.3.2019 Sumit S
1 issue framed by the court
Whether the High Court can direct the trial court to arrest an opposite party for non-appearance in a pending trial.
1 provisions across 1 enactments
Khushboo Devi
State Of U.P.
Another
Rahul Chaturvedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
