Non-bailable warrants should not be issued mechanically and must consider the reasons for absence, prioritizing representation through counsel.

ORDER

This petition under Section 482 of Cr.P.C. is directed against the order dated 11.11.2022 and 25.11.2022 passed in ST No. 99/2022 (State of MP Vs Piyush Dixit and another) under Sections 323, 294, 506, 427/34 of IPC passed by learned Sessions Judge, Chhatarpur whereby petitioners' application under Section 317 of Cr.P.C. has been dismissed and issuance of arrest warrant has been ordered.

2. Petitioners are the accused in the ST No. 99/2022 for the alleged commission of offence under Sections 323, 294, 506 and 427/34 of IPC. The case was committed by the learned Magistrate for trial to the Court of Session as counter case is triable by Court of Session. Case was received in the Court of Sessions Judge on 13.09.2022 and was posted for 21.09.2022. Case was fixed for argument on charge for 13.10.2022, an application under Section 317 of Cr.P.C. was filed, same was allowed and case was fixed for 11.11.2022. On 11.11.2022, again an application under Section 317 of Cr.P.C. was filed but same was dismissed by the learned Sessions Judge and issuance of arrest warrant against the petitioners was ordered. An application under Section 70(2) of Cr.P.C. was filed for cancellation of warrant but same was dismissed as petitioners were not present in the Court. Hence, this petition has been filed praying for the recall of order dated 11.11.202 and 25.11.2022 passed by learned Sessions Judge.

3. Learned counsel for the petitioners has submitted that in cases like the present one where accused persons, who are on bail, have failed to appear before the trial Court on the date of hearing and an application under Section 317 of the Cr.P.C. was filed on the ground of the illness of their father who is admitted in Bombay Hospital, Indore for treatment. Same should have been allowed by the learned trial Court. There was no justification on the part of the learned trial Court to dismiss the application and issue the arrest warrant in a mechanical manner. Learned counsel placing reliance on the case of Inder Mohan Goswami and another Vs. State of Uttaranchal and others, (2007) 12 SCC 1, Abdul Kubur Vs. State through Deputy Superintendent of Police Alangulam order dated 14.07.2021 passed in Crl. RC (MD) No. 231/2021 and order dated 21.03.2017 passed in M.Cr.C. No. 4417/2017 by a Coordinate Bench of this Court, has submitted that impugned order being against the settled position of law be set aside and the non bailable warrant issued against the petitioners be recalled.

4. On the other hand, learned counsel for the State has opposed the prayer made by learned counsel for the petitioners.

5. I have heard learned counsel for the parties at length.

6. In the case on hand, it is apparent that the case was posted before the trial Court for argument on charge on 13.09.2022, 21.09.2022, 13.10.2022 and 11.11.2022. Petitioners did not turn up before the Court and filed application under Section 317 of Cr.P.C. Earlier on 2-3 occasions, applications were allowed but on 11.11.2022 same was dismissed mentioning that despite sufficient opportunities given by the Court, petitioners are not appearing before the Court. Therefore, their application for exemption cannot be allowed. As such, learned trial Court dismissed the exemption application and ordered for issuance of non bailable warrant against the petitioners. On a perusal of Annexure A-2, an application under Section 317 of Cr.P.C. filed before trial Court on 11.11.2022, it is revealed that petitioners' father is seriously ill and was admitted in Bombay Hospital, Indore and petitioners being son were at Indore to take care of their ailing father. Annexure A-3 are the medical documents showin