IRFAN Vs. STATE OF UTTARAKHAND AND ORS

JUDGEMENT

(1.) Present C-482 application has been preferred by the applicant whereby he has challenged the order dated 26.10.2017 passed by Additional District Judge, Laksar in Criminal Revision No. 185 of 2017, Suberam v. State and another as well as the impugned order dated 30.11.2017 whereby Non-Bailable Warrant and under section 82 has been issued against him. Thus the applicant has sought the following relief:--

(2.) On account of ailment and age which the respondent was facing he sought an exemption from participation in the proceedings scheduled for 13.11.2016, he filed an application which was allowed and Court fixed 11.1.2017 for considering the application thereafter the date was fixed on 6.2.2017. But respondent could not appear in the Court on the date fixed i.e. 6.2.2017. The applicant despite of several steps taken by the respondent before Trial Court he did not appear and participate in the proceedings. Even before the Revisional Court too after withdrawing adjournment application, the applicant did not argue the case, which speaks volumes about the diligence and conduct of applicant.

(3.) As per the rival case of parties and as also revealed from records of the Court below is that the Court had issued the summoning order calling upon the applicant to put an appearance in the Complaint Case No. 1570 of 2011, and participate in the proceedings, but he had avoided appearance. I* happened so that on 6.2.2017 the respondent could not appear, the said complaint was dismissed due to non-compliance of section 204 sub-section (4) of Code of Criminal Procedure and it was said that the respondent had failed to take steps for ensuring the issuance of Non-Bailable Warrants and under section 82. It was this order which was put to challenge by the respondent in the revision being Criminal Revision No. 185 of 2017, Suberam v. State and another, before the Session Judge, Laksar, which has been allowed by the impugned order dated 26.10.2017. Consequently, the matter before the A.C.J.M. Laksar, has revived and the order dated 30.11.2017 has been issued whereby Non-Bailable Warrant and section 82 of Cr.P.C., has been drawn against the applicant.