NAYYAR AZAM Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Miscellaneous application CRMA No. 3623 of 2019 is allowed. Supplementary affidavit filed on behalf of the petitioner is taken on record.

(2.) Heard leaned counsel for the parties.

(3.) Applicant has filed this transfer application with the averments that FIR, registered as Case Crime No. 383 of 2009, was lodged against him at P.S. Kotwali Roorkee, District Haridwar under section 135 of Electricity Act. The Executive Engineer, Uttarakhand Power Corporation ltd., made a provisional assessment of Rs. 15,66,762 under section 126 of Electricity Act to which petitioner has already deposited half of the amount. After filing of charge sheet, Special Session Trial No. 18 of 2010, State vs. Dr. Nayyar Azam, under section 135 of the Electricity was registered before the court of learned District and Sessions Judge, Haridwar which is pending consideration. After framing of the charges, matter was directed to be listed for prosecution evidence. Statement of P.W.1-Atol Singh Rawat was recorded on 26.03.2016 but he was not cross-examined on the date fixed due to ill health of the applicant. Thereafter, applicant moved an application under section 311 of Cr.P.C. for recall of the witness P.W.1.The said application was taken on record and matter was directed to be listed on 25.09.2019. When the matter was listed on 25.09.2019, no decision was taken on the recall application and the matter was adjourned for 10.10.2019. The Presiding Officer was on leave on 10.10.2019, case was adjourned on that day and fixed for 14.10.2019. When the matter was called on 14.10.2019, the applicant was not present at that point of time, surprisingly, the learned trial court issued non bailable warrants against the applicant and forfeited the personal bond and also issued notice under section 446 of Cr.P.C., for personal appearance of the applicant. On 18.10.2019 applicant was present in the court along with his counsel and move an application for cancellation of non bailable warrants issued against him, however, application for cancellation of NBW was rejected and applicant was immediately taken into custody and orally directed that he would be released on bail if he deposits Rs. 5 lacs. An amount of Rs. 5 lacs deposited on 19.10.2019 on the oral directions of the District and Sessions Judge, Haridwar.