BANDANA GUHA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Abul Fazal Jaffrey, learned counsel appearing for the applicant as well as Sri Dharmendra Kumar Singh holding brief of Sri Anurag Kumar Singh, learned counsel for the C.B.I and perused the record.

(2.) By means of the instant application the applicant has sought following prayer:-

(3.) Although the prayer does not make a mention the date of order of which Non Bailable Warrant has been issued and it does not refer to any order annexed with the affidavit filed in support of the application. Annexure-1 annexed to the affidavit filed in support of the application, is a copy of the order sheet of the trial court, which indicates that on 6/9/2023 the trial court had recorded in the order sheet that the applicant had not appeared for recording her statement under Sec. 313 Cr.P.C. in spite of a cost of Rs.500.00 having been imposed upon her. The matter was fixed on 15/9/2023 for recording her statement under Sec. 313 Cr.P.C. on which date, the applicant was directed to remain present in person on 15/9/2023, again the applicant did not appear and the matter was fixed for 22/9/2023 and a cost of Rs.500.00 was again imposed upon her. Similar position repeated on 22/9/2023 and 7/10/2023. On 7/10/2023, the trial court recorded that the applicant did not appear on the past several dates for which reason her statement under Sec. 313 Cr.P.C. could not be recorded. The matter relates to the year 2007 and it is included in the matter regarding which this Court has made an action plan for expeditious disposal but trial could not proceed because of the repetitive non appearance of the applicant, therefore, applicant's application for exemption from appearance was rejected and a non bailable warrant was issued against her.