RAJ MANI CHAUHAN, J. - (1.) HEARD the learned counsel for the petitioner and learned A.G.A. as well as perused the documents available on record.
(2.) THIS petition under Section 482 Code of Criminal Procedure (hereinafter referred to as Code) has been filed by the petitioner against the order dated 24.08.2010 passed by the learned Additional Sessions Judge, F.T.C.-III, Court No. 13, District Sultanpur in Sessions Trial No. 238 of 1996, under Sections 302, 323, 324 I.P.C., Police Station Gosaiganj, District Sultanpur whereby the learned Additional Sessions Judge has ordered for issuance of non-bailable warrant against the accused. At this stage, learned A.G.A. raised preliminary objection that the petition moved by the petitioner under Section 482 of the Code is not maintainable. In view of the preliminary objection raised by the learned A.G.A. the only question that crops up for consideration before this Court is "whether the present petition moved by the petitioner is maintainable ?"
(3.) THE facts giving rise to the present petition, in brief, are that on the written report of complainant Suresh Pratap, son of Sampat Verma, resident of village Saurali, Police Station Gosainganj, police of police station Gosainganj, District Sultanpur registered a case under sections 302, 323, 324 I.P.C. at Crime no. 220 of 1994 against the accused. The Investigating Officer after investigation of the case submitted charge sheet against the accused in the court of learned Chief Judicial Magistrate, Sultanpur under Sections 302, 323, 324 I.P.C. Learned Chief Judicial Magistrate after taking cognizance of the offences on the basis of charge sheet filed by the Investigating Officer committed the case to the court of Sessions for trial which gave rise to Sessions Trial No.238 of 1996 State Vs Kamlapati and others. The case was transferred by the Sessions Judge to the Court of Additional Sessions Judge/F.T.C.-III for trial. The hearing of Sessions Trial was concluded by the learned Additional Sessions Judge and the trial was fixed on 24.08.2010 for delivery of judgment. On that date, the accused-petitioner was absent while the co-accused Dhoodh Nath was present. Learned Additional Sessions Judge, pronounced the judgment holding both the accused guilty under Sections 302, 323, 324 I.P.C., consequently, he ordered for cancellation of their bail bonds, discharged the sureties of the accused and took the accused Dhoodh Nath in custody to hear him on the point of sentence. Learned Additional Sessions Judge after giving an opportunity to accused Dhoodh Nath for hearing on the point of sentence convicted and sentenced him to undergo for life imprisonment and to pay fine of Rs. 50,000/- under Section 302 I.P.C., to undergo simple imprisonment for one year and to pay fine of Rs.1000/- under Section 323 I.P.C. and to undergo rigorous imprisonment for three years and to pay fine of Rs. 5000/- under Section 324 I.P.C. Learned Additional Sessions Judge further directed that in case accused fails to pay the amount of fine he will further undergo imprisonment for two years. He ordered for issuance of non-bailable warrant against the accused-petitioner Kamlapati Verma alias Dhakelu who was absent.;