In this Section 482 Cr.P.C. application, the High Court found no illegality in the trial court’s order to issue a non-bailable warrant due to the applicant’s non-appearance. The Court, however, refrained from coercive action for thirty days.
No coercive action shall be taken against the applicant for thirty days from the date of the order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 22
Case :- APPLICATION U/S 482 No. - 33644 of 2018
Applicant :- Rajmangal Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Furquan Ahmad (Alvi) Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed to quash the order dated 18.07.2018 passed by trial court issuing Non Bailable Warrant in Case No. 4737 of 2008 (State vs. Hariram and others) arising out of Crime No. 361 of 2008 under Section 3/5/8 C.S. Act, Police Station Ghanghata, District Sant Kabir Nagar.
From the perusal of the record, it reveals that Non Bailable Warrant has been issued against applicant due to his non appearance before the trial court.
Accordingly, I find no illegality in the impugned order passed by the trial court.
However, for a period of thirty days from today, no coercive action shall be taken against the applicant.
With the aforesaid observation, the application under Section 482 Cr.P.C is finally disposed of.
Order Date :- 4.10.2018
VG..
2 issues framed by the court
Whether the order passing non-bailable warrant in the absence of the applicant is illegal.
Whether coercive action should be taken against the applicant for non-appearance.
1 provisions across 1 enactments
Rajmangal
State Of U.P.
Umesh Chandra Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
