AVNESH KUMAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Present petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code) has been filed by the petitioner to quash the order dated 02.04.2019, passed by learned Special Judge, Almora, in Case No. 31 of 1997, State Vs. Avnesh Kumar, (for short "the Case),under Section 420, 109 I.P.C. and Section 12 of Prevention of Corruption Act, 1988 (hereinafter referred to as "the Act"). By the impugned order, it was observed that the petitioner can be tried by the Court of Special Judge/District and Sessions Judge, Nainital and accordingly directions have been issued to transfer the case from the court at Almora to the court at Nainital. A request has been made in the petition that after setting aside the impugned order, the court below be directed to consider the bail application of the petitioner, as early as possible.

(2.) Before arguments are appreciated, the facts in brief may be recapitulated. In the instant case, FIR.was lodged on 29.01.1997 under Sections, 420 & 109 I.P.C. After investigation, charge sheet under Section 420 and 109 I.P.C. and Section 12 of the Act was submitted against the petitioner. The trial proceeded, but it appears that the petitioner did not appear during the trial and in his absence proceedings under Section 299 of the Code were initiated. Subsequent to it, on 02.04.2019, the petitioner appeared and he was taken into custody and the impugned order dated 02.04.2019 was passed. Aggrieved, the instant petition.

(3.) Learned counsel for the petitioner would argue that the petitioner is in judicial custody but his trial is not proceeding, because in view of the impugned order, trial has to be conducted by the court at Nainital, therefore, bail application has also not been considered. A prayer is made that a direction may be issued so that the bail application of the petitioner may be considered as expeditiously as possible.