The High Court dismissed an application under Section 482 Cr.P.C. seeking to quash an order passing N.B.W. for non-appearance. The court held the applicant has been absconding for years and found no illegality warranting interference.
Application under Section 482 Cr.P.C. for quashing the order of non-bailable warrants was dismissed.
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Court No. - 84 Case :- APPLICATION U/S 482 No. - 45007 of 2019 Applicant :- Raju Opposite Party :- State of U.P. Counsel for Applicant :- Diwakar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present application has been filed for quashing the impugned order dated 11.08.2017 passed by learned Additional District Judge Court No.9 Aligarh in S.T. No.442 of 2013 (State of U.P. vs. Raju & Ors.), under Sections 41/102 of Cr.P.C. and Section 411 of I.P.C. arising out of Case Crime No.Nil of 2005, Police Station Kwarsi, Distrcit Aligarh.
It is argued by counsel for the applicant that the impugned order dated 11.08.2017 is against the provisions of law and it has been passed without considering the relevant facts of matter. It was submitted that the applicant was on bail in this case and was regularly appearing before the trial court but, thereafter, he has met an accident, due to which, he could not appear before the trial court and non bailable warrants were issued against him.
Learned A.G.A. has opposed and argued that the case is of the year 2005 and the applicant is absconding since last several years. Even as per copy of the order sheet filed by the applicant, non bailable warrants are continuously being issued against him since 11.08.2017.
Perusal of record shows that the applicant is absconding since last several years and due to his absence non-bailable warrants are being issued against him since 11.08.2017. No illegality or irregularity could be pointed out in impugned order. There are no such facts so as to warrant invoking of inherent powers enshrined U/S 482 Cr.P.C. to interfere with impugned order.
In view of aforesaid, no case for quashing the impugned order dated 11.08.2017 is made out.
The instant application is without any substance and is, accordingly, dismissed .
Order Date :- 7.12.2019/Ravi Kant
1 issue framed by the court
Whether the impugned order of issuance of non-bailable warrants against an absent absentee applicant should be quashed under Section 482 Cr.P.C.
3 provisions across 2 enactments
Raju
State of U.P.
Raj Beer Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
