LAWS(ALL)-2007-2-178

SHAMSHER Vs. STATE OF U P

Decided On February 22, 2007
SHAMSHER Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) R. K. Rastogi, J. This is an application under Section 482, Cr. P. C. to quash the impugned order dated 11-1-2007 passed by the Additional Sessions Judge/fast Track Court No. 2, Azamgarh passed in Sessions Trial No. 18 of 1993, State v. Ram Bahore, under Sections 147, 148, 149, 323, 352 and 307, I. P. C. police station Rani Ki Sarai District Azamgarh.

(2.) HEARD learned Counsel for the applicants and learned A. G. A. for the State.

(3.) IT is true that the cases were of the year 1993 and when the aforesaid S. T. and its cross sessions trial were pending in the same Court, both these cases should have been listed for evidence on the same date in the Court so that accused as well as witnesses in both the cases may appear in the Court and evidence may be recorded in both the above sessions trials in presence of the parties. The Presiding Officer of the Court concerned was of the view the accused were misusing the bail and so he cancelled their bail bonds. He could do so, but there was no provision for taking that accused into judicial custody and sending him to jail, who was present in Court. The Presiding Officer is not justified in this regard. In such a case the proper order would have been to grant exemption for that date only with a direction to all the accused to appear in person in the Court on the next date further providing that no request for exemption shall be entertained on the next date and non-bailable warrant shall be issued against the defaulting accused, and in this way the delaying tactics could be lawfully curbed.