LI Network
Published on: November 28, 2023 at 08:58 IST
The Allahabad High Court, Lucknow Bench, declined to dismiss a non-bailable warrant issued by a trial court against a 68-year-old woman who repeatedly failed to appear to record statements under Section 313 of the Code of Criminal Procedure, despite repeated orders and imposed costs.
The Court noted that continuous non-appearance, without specifying a date, and citing health reasons without clear documentation, lacked justification.
Justice Subhash Vidyarthi presided over the case, highlighting that the applicant’s ongoing absence, despite previous orders and health-related claims mentioned without substantiation, didn’t warrant the Court’s inherent powers in the applicant’s favor.
Moreover, the Court refused to consider the reliance on a Supreme Court judgment that allowed relaxation of Section 313 requirements if the accused demonstrated physical incapacity or similar hardships preventing their court attendance.
In this case, the Court noted the absence of such circumstances mentioned by the applicant to justify her inability to attend court proceedings.
The applicant sought to quash a Non-Bailable Warrant issued by a CBI court for her failure to appear and record statements under Section 313 CrPC in a criminal case from 2007 involving offenses under various sections of the IPC and the Prevention of Corruption Act.
Despite the applicant’s argument citing Section 313 CrPC to protect the accused’s rights, the Court held that her conduct, especially the lack of a formal request for a written statement of defense, didn’t justify granting relief.
The Court also noted the trial court’s observations indicating the applicant’s lack of cooperation, considering the case’s age and its inclusion in an action plan for expedited disposal.
Ultimately, the Court found no merit in the applicant’s plea for permission to submit a written defense statement under Section 313(5) CrPC, given the absence of such a request previously made either in the trial court or before the Allahabad High Court.