The applicant challenged the validity of a non-bailable warrant issued for his absence. The Court found no illegality in the order and dismissed the application under Section 482 Cr.P.C.
The application for quashing the non-bailable warrant is dismissed. The applicant is directed to move a recall application before the Trial Court.
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Court No. - 91
Case :- APPLICATION U/S 482 No. - 11994 of 2022
Applicant :- Navi Hasan Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Upendra Kumar Pushkar Counsel for Opposite Party :- G.A.
Hon'ble Sameer Jain,J.
Heard Sri Upednra Kumar Pushkar, learned counsel for the applicant, Sri Ravi Kant Kushwaha, learned AGA for the State and perused the record.
By way of filing present application u/s 482 Cr.P.C., applicant prays for quashing the non-bailable warrant dated 04.11.2019 passed by learned Additional Chief Judicial Magistrate Ist, Aligarh in Criminal Case No. 185 of 2012 (State Vs. Navi Hasan), arising out of N.C.R. No. 29 of 2011, under Sections 323, 504, 506 IPC, Police Station Kotwali Nagar, District Aligarh.
Learned counsel for the applicant submitted that the applicant is facing trial of the case since 2012 and earlier he already released on bail and as he went to Punjab for his livelihood, therefore, he could appear before the Court concerned and N.B.W has been issued against him. It is further submitted that he is ready to appear before the Court concerned and till then N.B.W. issued against the applicant may be kept in abeyance.
Per contra, learned AGA submitted that as applicant failed to appear before the Trial Court, therefore, Trial Court had to issue non-bailable warrant against him, so there is no illegality in the order dated 04.11.2019 and applicant is challenging the order passed in the year 2019 after about three years.
The applicant challenged the order dated 04.11.2019, by which N.B.W. has been issued against him on the ground that he could not appear before the Trial Court as he was in Punjab. I find no illegality in the order dated 04.11.2019, therefore, the present application is dismissed. It is open for the applicant to move recall application before Trial Court.
Order Date :- 23.5.2022 SK Srivastava
Digitally signed by SAILESH KUMAR SRIVASTAVA Date: 2022.05.27 10:46:42 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the issuance of a non-bailable warrant against the applicant, who resided in Punjab during proceedings, is illegal.
Whether the High Court should quash the non-bailable warrant dated 04.11.2019 passed by the Additional Chief Judicial Magistrate.
1 provisions across 1 enactments
Navi Hasan
Sameer Jain
Sailesh Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
