2024 Supreme(Online)(ALL) 885
Neutral Citation No. - 2024:AHC-LKO:21599
AFR
Court No. - 11
Case :- APPLICATION U/S 482 No. - 2294 of 2024
Applicant :- S. Krishna
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt.
Govt. Civil Sectt. Lko.
Counsel for Applicant :- Pranav Agarwal,Anumita Chandra
Counsel for Opposite Party :- G.A.
Petitioner: Pranav Agarwal and Anumita Chandra
Respondent: G.A.
Hon'ble Rajesh Singh Chauhan,J.
1. Heard Sri Nadeem Murtaza, learned counsel for the
petitioner and Sri Aniruddh Kumar Singh, learned AGA-I for
the State.
2. By means of this petition filed under Section 482 Cr.P.C., the
petitioner has prayed the following reliefs:-
- "A. Quash the impugned order dated 16.02.2024 and order
- dated 28.02.2024 passed by the ACJM-V, Lucknow in Case No.
9782/2013 vide which Non-Bailable Warrant has been issued
against the Applicant. As Annexure no.3.
B. Permit the Applicant to appear through Counsel and
participate in the proceedings before the Trial Court in
accordance with Section 205 and 317 CrPC.
C. Any other and further relief which this Hon'ble Court deems
fit and proper in the facts and circumstances of the present case
may also be kindly granted in favour of the Applicant."
3. Sri Murtaza has stated that the petitioner is an old aged
person of 85 years suffering various ailments, which are age
related, therefore, he could not appear personally before the
Court concerned at the time of framing charges, resultant
thereof the court concerned has straight away issued non-
bailable warrant against him, though the information regarding
age and ailment was apprised to the court concerned.
4. Sri Murtaza has further submitted that in such a critical and
ailing condition, the petitioner is willing to participate in the
proceedings but has requested that he may be permitted to
appear through counsel in terms of Sections 205 & 317 Cr.P.C.
Attention has been drawn towards Rule 11 of the Rules for
Video Conferencing for Courts in the State of Uttar Pradesh,
2020 (hereinafter referred to as "the Rules"), framed under
Article 225 and 227 of the Constitution of India, whereunder
Rule 11 reads as under:
- "11. Judicial remand, framing of charge, examination of accused and
- proceedings under Section 164 of the Cr.P.C.
11.1 The Court may, at its discretion, authorize detention of an accused,
frame charges in a criminal trial under the Code of Criminal Procedure,
1973 through video conferencing. However, ordinary judicial remand in
the first instance or police remand shall not be granted through Video
conferencing save and except in exceptional circumstances for reasons to
be recorded in writing.
11.2 The Court may, in exceptional circumstances, for reasons to be
recorded in writing, examine a witness or an accused under Section 164 of
the Code of Criminal Procedure, 1973 or record the statement of the
accused under Section 313 Code of Criminal Procedure, 1973 through
video conferencing, while observing all due precautions to ensure that the
witness or the accused as the case may be, is free of any form of coercion,
threat or undue influence. The Court shall ensure compliance with Section
26 of the Evidence Act."
5. The aforesaid Rules also defines the exceptional
circumstances under Rule 2 (viii) as under:
- "2. Definitions.-
- (viii) "Exceptional circumstances" include illustratively a pandemic,
- natural calamities, circumstances implicating law and order and matters
- relating to the safety of the accused and witnesses."
6. Learned AGA has fairly assisted the Court and has submitted
that non-bailable warrant should not have been issued straight
away against any person unless the summon is issued and after
verifying the fact that despite the service of summons, the
accused person avoided the proceedings without having any
cogent reasons, then bailable warrant may be issued and if, after
service of bailable warrant, the accused person deliberately
avoids the proceedings, in such exceptional circumstances, the
non-bailable warrant can be issued as this law has been settled
by the Apex Court in re; Inder Mohan Goswami and Another
v. State of Uttaranchal and Others, (2007) 12 SCC 1.
Therefore, learned AGA did not defend the impugned orders
whereby the non-bailable warrants have been issued.
7. I appreciate the fair assistance of the learned AGA.
8. Having heard learned counsel for the parties and having
perused the material a