Sadanand vs Mahabir Prasad and Another

Giridhar Malaviya, J.—Heard the learned Counsel for the applicant. The contention of the applicant is that he was not stall aware of the proceedings pending against him in the court of IVth Addl. Sessions Judge, Jhansi with the result that the proceeding"! u/s 82/83 Code of Criminal Procedure were drawn against him. By this application the applicant has also sought relief of quashing of the summoning order in Special passed by IV Addl. District & Sess. Judge Jhansi in the case of Mahabir Prasad v. Sadanand and Ors. Case No. 138 of 1991 Under Sections 394/397 IPC, P. S. Nawabad, district Jhansi.

Against the summoning order the applicant has a right to file a revision in the appropriate court. Learned Counsel for the applicant contended that since the period of limitation for filing a revision has expired, hence this application u/s 482 Code of Criminal Procedure has been preferred in this Court. I am afraid the provisions of Section 482 Code of Criminal Procedure cannot be utilised to circumvent the provisions of Section 5 of the Limitation Act. If there was some good cause which prevented the applicant to file the revision against the summoning order within time he can get its benefit by moving an appropriate application u/s 5 of the Limitation Act.

Learned Counsel for the applicant then contended that although he had no notice of the proceedings pending in the court below, yet for no fault of his proceedings u/s 82/83 ,Code of Criminal Procedure have been drawn against him. It is a matter of common knowledge that such a person against whom the proceedings Under Sections 82/83 Code of Criminal Procedure are drawn can always approach the court concerned to claim that he had no notice of the proceedings pending against him which may justify his application for recalling of the warrants issued to him. If the applicant also feels aggrieved against the proceedings u/s 82/83 Code of Criminal Procedure he can move the court concerned for recall of the non bailable warrant. Such an application of the applicant should be disposed of on merit by the court concerned whereafter alone any other action should be taken against the Petitioner by the court concerned.

With these observations this application stands finally disposed of.

Let a certified copy of this order be issued to the learned Counsel for the applicant on payment of usual charges.