- (1.) LEARNED counsel appearing for the petitioners asserts that the petitioners were not served and therefore were not aware of the non-bailable warrant issued for procuring presence of the petitioners before the trial Court.
(2.) LEARNED counsel has referred to Annexure No. 7 i.e. judgment rendered by this Court in Criminal Revision? No. 33 of 2002 (State of U.P. v. Sada Ram) dated 19th May, 2006 to say that it is under the orders of this Court that the petitioners want to join the proceeding. LEARNED counsel contends that there is no reason in facts or in law to arrest the petitioners because the petitioners were not aware of the proceeding.? All the petitioners have intentions for appearing before the Court below.? Sri Diwedi, learned Government Counsel appearing for the respondents State has pointed out that similar petitions have been referred to the trial Court with the observation that special judge U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 shall pass appropriate speaking orders afresh in accordance with law after hearing the submissions on merit on behalf of accused, as well as prosecution, in terms of the discussion in the body of the judgment rendered in Criminal Revision No. 33 of 2002, referred to above. I have considered the contention of learned counsel and have gone through the judgment rendered by Hon'ble Mr. Justice Alok Kumar Singh while dealing with the Criminal Revision No. 33 of 2002 (State of U.P. v. Sada Ram). It appears that the petitioners were required to appear before special judge Gangster Act, however, the petitioners were not made aware of the pending proceedings.? No purpose in law would be served by further delay in the matter.? The petitioners want to put in appearance and join the proceedings. In view of the above, this petition is allowed.
(3.) IMPUGNED order dated 17th of February, 2011 Annexure 1 is hereby quashed. Petitioners are directed to appear before the special Court Gangster Act within a period of three months. In the meantime, the petitioners shall not be taken in custody.? During the said duration, the petitioners may apply for bail which shall be considered by the concerned Court in accordance with law and facts.;