Single judge rejected an application under Section 482 Cr.P.C. seeking quashing of a non-bailable warrant, holding the accused was an absconder not deserving leniency.
The application under section 482 Cr.P.C. was rejected.
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. - 34
Case :- APPLICATION U/S 482 No. - 1805 of 2022
Applicant :- Shamim Opposite Party :- State of U.P. and Another Counsel for Applicant :- Lavkush Kumar Bhatt Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Sadhna Rani (Thakur),J.
This application under Section 482 Cr.P.C. has been filed with a prayer to quash the N.B.W. dated 30.09.2017 passed by the learned Judicial Magistrate, Sadar, Farrukhabad in Criminal Case No. 1588 of 2017 (State of U.P. Vs. Shamim and another) arising out of Case Crime No.256 of 2014, under Sections 323, 324, 504, 427, 506 I.P.C., Police Station Jahanaganj, District Farrukhabad.
It is argued by the learned counsel for the applicant that the applicant had gone Bombay to earn his livelihood so he could not appear in the lower court on the date fixed.
Learned A.G.A. has opposed the application and argued that the applicant is absconding continuously since 30.09.2017, hence, he does not deserve any leniency from this Court.
From perusal of the order-sheet, it is clear that after taking cognizance on 02.04.2015 the accused remained absent. Nonbailable warrants were issued against the applicant. He was again bailed out on 05.01.2016. After that on four dates his attendance exemption applications were moved. Later on, he again absconded and the Court was compelled to pass summons, bailable warrants and then non-bailable warrants against the present applicant. Since 30.09.2017 non-bailable warrants are continuously running against the applicant. Thus, it is clear that the applicant is not cooperating with the court and he is absconding continuously.
The Court is not supposed to take a lenient view in favour of a person who does not respect the law or the proceedings of the Court. The applicant does not deserve any leniency from this Court and the application is liable to be rejected.
The application under section 482 Cr.P.C. is, accordingly, rejected .
Order Date :- 7.2.2022 Radhika
Digitally signed by RADHIKA VISHWAKARMA Date: 2022.02.10 17:42:15 IST Reason: Location: High Court of Judicature at Allahabad
1 provisions across 1 enactments
Shamim
Sadhna Rani Thakur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
