DWARIKA SINGH RAJPUT Vs. STATE OF U P

JUDGEMENT

(1.) BHAGWANDIN, J. This application has been directed under Section 482, Cr. P. C. for quashing the order, dated 24-12-1997 and 19-1-1998.

(2.) THE applicant has been prosecuted and being tried by the Court of Sessions at Jhansi under Sections 420/409/467/471, IPC and Section 13 of the Prevention of Corruption Act. By order dated 13-5-1997, passed by IVth Additional Session Judge, Jhansi, in pursunance of the High Court's letter No. 3430 Main B/admn. A-3 dated 4-3-1997, the Special trial was transferred from the Court of IVth Additional Ses sions Judge, Jhansi to the Court of Special Judge (Anti Corruption) Lucknow. On receipt of the trial, the Special Judge (Anti Corruption) Lucknow, summoned the ap plicant. It is stated that the applicant had been continuously appearing before the Special Judge, Lucknow.

(3.) THE appellant was firstly directed to appear before the Court of Special Judge (Anit-Corruption) at Lucknow. He never communicated about the return of the sessions trial back to the Court of IV Additional Sessions Judge at Jhansi. Under these circumstances, the absence of the applicant should not be considered deliberate and to the annoyance of the court, therefore, it is a fit case for grant of relief to the applicant.