RAM SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The instant petition under Sec. 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code') has been filed for quashing the orders dtd. 1/8/2018, 21/12/2019 and 23/1/2020, passed in Criminal Case No. 1553 of 2015, State vs. Ram Singh, pending in the Court of Additional Chief Judicial Magistrate/Civil Judge (SD), Kashipur, District Udham, Singh Nagar (for short 'the case'). By the impugned orders, Non Bailable Warrant, process under Sec. 82 & 83 of the Code and recovery warrants against the sureties have been ordered to be issued.

(2.) It appears that in the case, cognizance was taken on 6/5/2015 under Sec. 420 IPC and the petitioner was summoned. On 31/8/2017, charges were framed against him and the case was fixed for prosecution evidence on 16/8/2018, when the petitioner did not appear. The petitioner is not appearing in the case since thereafter. On 1/8/2018, the court issued Non Bailable Warrant against the petitioner. This order is also under challenge. If on the dates fixed, the accused does not appear what option the court has except to issue processes against the accused. On 1/8/2018 when the petitioner did not appear court issued Non Bailable Warrant to secure his presence. There is nothing illegal in it. This order is lawful.

(3.) Subsequent to it, again Non Bailable Warrants were continued to be issued against the petitioner and on 21/12/2019, the court also ordered for issuing proclamation under Sec. 82 of the Code and on 23/1/2020, the court ordered issuance of recovery warrant against the sureties as well as issuance of the process under Sec. 83 of the Code.