A city court has issued notice for attaching the property of former BJP MLA Uday Bhan Karwariya for failing to appear in connection with the 1996 murder of Samajwadi Party MLA Jawahar Yadav alias Jawahar Pandit.
Special Chief Judicial Magistrate Satish Chandra Dwivedi passed the order Friday after hearing applications of Inspector (Incharge) Civil Lines and Atarsuia police stations as well as lawyer of CB-CID.
It was submitted in the applications that despite best efforts to serve a non-bailable warrant (NBW) on Uday Bhan,the police could not trace him and,therefore,a notice for the attachment of his property be issued.
Uday Bhan has not appeared before the court even once in the case or sought bail in the matter.
Meanwhile,his brother and co-accused,BSP MP from Phulpur parliamentary constituency,Kapil Muni Karwariya and another brother and MLC Suraj Bhan Karwariya had obtained a stay on criminal proceedings against them.
The court also renewed the NBW issued against Uday Bhan and directed District Magistrate and Senior Superintendent of Police to ensure that the notices and the warrant were executed.
District Government Counsel (DGC) Ranendra Pratap Singh said: Police officers deputed to execute November 9 NBW told the court that despite several raids at his house,Uday Bhan could not be arrested. Therefore,the court was requested to issue a notice for attachment of property of the accused under Section 82 of the Criminal Procedure Code. This effectively means that he has been declared an absconder. The formal legal process would be followed and notices would be put up at his residence.
The matter is listed for further hearing December 2.
The DGC added that the government will not press for a transfer of the matter from the court of special CJM since the criminal proceedings initiated against Uday Bhan have now been resumed.
Earlier,the state had sought the transfer on ground that the special CJM court was passing fresh orders without taking into account the earlier orders in which criminal proceedings had been initiated against Uday Bhan.
Jawahar Pandit,MLA from Jhunsi,was shot in broad daylight in the posh Civil Lines area of the city August 13,1996. The matter was transferred to the CB-CID,which submitted a chargesheet before the special CJM court January 20,2004. No arrests have been made in the case.