The High Court quashed the order of the Additional District Judge/F.T.C., Jalaun, dated 24.10.2018, which passed non-bailable warrants in Criminal Misc. Case No. 156 of 2017, citing Section 482 Cr.P.C. reliance on prior judgments.
The order dated 24.10.2018 issuing non-bailable warrants was quashed; it is open to the court below to pass a fresh order.
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Court No. - 45
Case :- APPLICATION U/S 482 No. - 44064 of 2018
Applicant :- Rajpal Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Ajay Sengar Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed to quash the order dated 24.10.2018 and its consequent orders passed by the learned Additional District Judge/F.T.C., Jalaun at Orai in Criminal Misc. Case No. 156 of 2017, under Section 128 Cr.P.C.., Police StationKotwali-Kuthond, District- Jalaun.
Learned counsel for the applicant has placed reliance upon the judgements in the case of Hazi Abdul Khaleque Vs. Mustt. Samsun Nehar, 1991 (1) AICLR 252 and Om Parkash @ Parkash Vs. Vidya Devi, 1992 R.C.R. (Criminal) 106 and submitted that non-bailable warrants issued by the Additional District Judge/F.T.C., Jalaun at Orai in the aforesaid case is unwarranted under the law.
In view of the above, the order dated 24.10.2018 aforesaid is, hereby, quashed. It is open for the court below to pass a fresh order in accordance with law.
This application is allowed.
Order Date :- 6.12.2018 Ruchi Agrahari
1 issue framed by the court
Whether the order passing non-bailable warrants by the Additional District Judge/F.T.C., Jalaun should be quashed under Section 482 Cr.P.C.
Colour shows how this judgement treated each authority
Hazi Abdul Khaleque Vs. Mustt. Samsun NeharReferred¶7
Hazi Abdul Khaleque Vs. Mustt. Samsun Nehar, 1991 (1) AICLR 252
Om Parkash @ Parkash Vs. Vidya DeviReferred¶7
Om Parkash @ Parkash Vs. Vidya Devi, 1992 R.C.R. (Criminal) 106
2 provisions across 1 enactments
Rajpal
State Of U.P.
Siddharth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
