Rajdhari and 2 Others Vs State of U.P. and Another

Court No. - 77

Case :- APPLICATION U/S 482 No. - 116 of 2020

Applicant :- Rajdhari And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Subhash Chandra Mishra Counsel for Opposite Party :- G.A.

¶4

Hon'ble Ram Krishna Gautam,J.

¶5

This Application, under Section 482 of Code of Criminal Procedure, 1973, has been filed by the applicants, Rajdhari, Vijai and Asha Devi, with a prayer for setting aside impugned order, 12.11.2018, passed in complaint case no. 5078 of 2005, under Section 323, 504 and 506 of Indian Penal Code, Police Station Handia, DistrictAllahabad, pending in the court of Additional Sessions Judge (SC/ST) Act), Allahabad, whereby, Non Bailable Warrant has been issued against them.

¶6

Learned counsel for applicants argued that in this very case crime number, applicants were summoned for offences, punishable, under Sections 323, 504 and 506 of IPC, whereas, another accused persons, Deepak Singh, apart from being summoned, under above Sections, was also summoned, under Section 3(1)(x) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. Applicants surrendered before the Magistrate, concerned, where they were enlarged on bail. Thenafter, in their absence file was committed to the sessions and the court of sessions issued Non Bailable Warrant against them, whereas, their absence was owing to their failure to appear before the court of sessions, which was not under their knowledge. Hence, this Application, with above prayer.

¶7

Learned AGA, appearing for State of U.P., has vehemently opposed this Application.

¶8

From very perusal of the impugned summoning order, it is apparent that the applicants were summoned for offences, punishable, under Sections 323, 504 and 506 of IPC for which they had been granted bail, but, as in the same file another accused, Deepak Singh, was summoned

¶9

for offence, punishable, under Section 3(1)(x) of the SC/ST Act, apart from other offences, his trial was to be conducted by the court of Special Judge (SC/ST Act), hence, file was committed to the court of Additional Sessions Judge/Special Judge (SC/ST Act), whereas, in the committal order, dated 5.9.2018, this has been mentioned that file is being transferred to the court of sessions, which was apparently incorrect. Court of Special Judge/Additional Sessions Judge (SC/ST Act) is a special court for trying cases for offences, triable, under above Act, though it is a court of sessions, to be presided by the Additional Sessions Judge, but, this court is not court of sessions and Magistrate opined that file is to be committed to the court of Sessions, rather, it ought to have been committed to the Special court, presided by the Special Judge, for trying cases, under SC/ST Act and unless in the committal order, it has been specifically mentioned that accused are present through their counsel and in their absence file was committed, hence, it cannot be denied that applicants were not aware of the date for appearance before above court and as a result of this, Non Bailable Warrant was issued, without ensuring as to whether notice of this transfer is there or not.

¶10

Accordingly, there appears to be force in the argument of learned counsel for applicants and as such this Application, under Section 482 of Cr.P.C. stands allowed. Non-Bailable Warrant, issued by the court of Special Judge (SC/ST Act), vide order dated 12.11.2018, against applicants only, is being cancelled, with a direction that they shall appear before the concerned court for trial.

¶11

Order Date :- 10.1.2020 bgs/

Rajdhari and 2 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Rajdhari and 2 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Gajendra Vs State of U.P. and Another

Sanjay @ Sanju and 2 Others Vs State of U.P. and Another

Sultan Kushwaha and 3 Ors. Vs State of U.P. and Anr.

Umesh Yadav and 8 Others Vs State of U.P. and Another

Smt. Rita Gupta and Another Vs State of U.P. and Another

Veerpal Vs State of U.P. and Another