Raj Mani Chauhan, J. - (1.) LEARNED Counsel for the Petitioner files supplementary affidavit, which is taken on record.
(2.) HEARD the learned Counsel for the Petitioner and learned A.G.A. as well as perused the documents available on record.
(3.) THIS petition under Section 482 of the Code of Criminal Procedure (hereinafter referred to as 'Code') has been filed by the Petitioner with the following prayers: i. to quash the impugned order dated 30.08.2010 (Annexure No. 1) passed by Additional Sessions Judge FTC -III, Court Room No. 13, District Sultanpur/opposite party No. 2 and proceeding of attachment dated 20.09.2010 (Annexure No. 2) done by the opposite party No. 4/Station House Officer, Police Station Gosaiganj, District Sultanpur and its consequential effects. ii. to release the property attached on 20.09.2010 by opposite party No. 4 in pursuance of order dated 30.08.2010 to the Petitioner. iii. to issue any other appropriate order or direction as the Hon'ble Court may deem fit and proper under the circumstances of the case, may also be pleased to pass in the interest of justice. From a perusal of the records, it appears that the accused Petitioner Kamlapati Verma alias Dhakelu and accused Doodhnath were tried by the learned Additional Sessions Judge/FTC -III, Court No. 12, Sultanpur in Sessions Trial No. 238 of 1994 (Crime No. 220 of 1994); State v. Kamlapati and Ors., under Sections 302, 323, 324 I.P.C. Police Station Gosainganj, District Sultanpur. The learned Additional Sessions Judge, vide judgment and order dated 24.8.2010, held both the accused guilty for the offences under Sections 302, 323, 324 I.P.C. The accused Petitioner was absent on that date. The learned Additional Sessions Judge after giving an opportunity to the accused Doodhnath for hearing on the point of sentence, convicted and sentenced him to undergo rigorous imprisonment for life 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. The sentence further directs that in case he fails to pay the fine, he will further undergo imprisonment for two years. Since the accused Petitioner was absent on that date, therefore, learned Additional Sessions Judge ordered for issuance of non -bailable warrant against him. On 30.8.2010, the non bailable warrant issued by the court was returned unexecuted with the endorsement that the accused Petitioner was absconding. Consequently, the learned Additional Sessions Judge further ordered for issuance of non bailable warrant as well as process under Section 82/83 of the Code against the accused Petitioner.;