SANJAY SHANKER MANWAL Vs. STATE OF U P

JUDGEMENT

(1.) BHAGWAN Din, J. Applicant Sanjay Shanker Manwal is an accused in case No. RC No. 32 (A)/96/cbi-Lucknow pending in the Court of the Special Judge (Ayurved Scam matter), Lucknow. The applicant failed to attend the Court on 18-6-2001, therefore, the Special Judge passed an order on 18-6-2001 directing issue of non-bailable warrant of arrest against him which is under challenge in this applica tion under Section 482 Cr. P. C.

(2.) IT is submitted by the learned Coun sel appearing for the applicant that the applicant sustained injuries on 13-6-2001 in an accident. He was immediately rushed to the K. G. M. C. , Lucknow where he was ad mitted as indoor patient and is as yet being treated therein as indoor patient. In the impugned order, it is stated that the accused has knowledge about the summons issued against him. This fact has wrongly been stated in the impugned order. Ac cording to him, when he was confined in bed at K. G. M. C. , Lucknow and there was none to inform about the date, how could the has had notice of this sum mons issued by the Court. IT is further submitted that the C. B. I, has again mis guided the Court that he applicant is absconding. On that basis the Court has mentioned in the order dated 23-6-2001 that the non-bailable warrant of arrest issued against the applicant has been returned with the report that he is absconding from his house in order to avoid his arrest. The applicant is taking treatment as indoor patient at K. G. M. C. Lucknow and is not absconding.

(3.) IN the case in hand, it is evident that ihe summons was not executed and for the cause shown in the application and the papers filed in support there of prove that the summons could not have been served and also the applicant could not know about the fixation of date in the Court for his appearance.