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Judgment
7 paragraphs · 368 wordsBhagwandin, J.—This application has been directed under Section 482, Cr. P.C. for quashing the order, dated 24121997 and 1911998.
The applicant has been prosecuted and being tried by the Court of Sessions at Jhansi under Sections 420/409/467/471, IPC and Section 13 of the Prevention of Corruption Act. By order dated 1351997, passed by IVth Additional Session Judge, Jhansi, in pursunance of the High Court''s letter No. 3430 Main B/Admn. A3 dated 431997, the Special trial was transferred from the Court of IVth Additional Sessions Judge, Jhansi to the Court of Special Judge (Anti Corruption) Lucknow. On receipt of the trial, the Special Judge (Anti Corruption) Lucknow, summoned the applicant. It is stated that the applicant had been continuously appearing before the Special Judge, Lucknow.
It appears from the records that the Special trial again sent back to the Court of IVth Additional Sessions Judge, Jhansi. The summons were issued to the applicant for his appearance in the said Court. The order sheet filed by the applicant (contained in Annexure1) does not indicate that the summon was ever served on the applicant before 24121997.
The learned IVth Additional Sessions Judge, to procure the attendance of the applicant, issued N.B.Ws. against the applicant together with a notice under Section 446, Cr. P.C. (sic) the N. B. Ws. but the notice under Section 446 Cr. P.C. appears to have been executed on the applicant. So the IV Additional Sessions Judge issued warrants under Sections 82/83, Cr. P.C.
The appellant was firstly directed to appear before the Court of Special Judge (AnitCorruption) at Lucknow. He
never communicated about the return of the sessions trial back to the Court of IV Additional Sessions Judge at Jhansi. Under these circumstances, the absence of the applicant should not be considered deliberate and to the annoyance of the court, therefore, it is a fit case for grant of relief to the applicant.
The application is, therefore, allowed. The orders, dated 24121997 and 1911998 are quashed. The warrants issued under Sections 82/83 stand cancelled. The applicant is discharged to appear in the Court of IVth Additioiial Sessions Judge at Jhansi and cooperate in the proceedings before that court or any other court.