High Court dismissed a petition under Section 482 Cr.P.C. seeking quashing of a non-bailable warrant, holding the applicant had an alternative remedy to approach the lower court for recall of the warrant.
Application under Section 482 Cr.P.C. dismissed as applicant had alternative remedy before lower court.
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Court No. - 88
Case :- APPLICATION U/S 482 No. - 22522 of 2021
Applicant :- Ajay Pratap Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Dhirendra Kumar Srivastava Counsel for Opposite Party :- G.A
Hon'ble Mohd. Aslam,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed seeking quashing of impugned order dated 04.11.2019 passed by learned Additional Sessions Judge/Fact Track Court-IInd, Chandauli, whereby non-bailable warrant has been issued against the applicant in Session Trial No. 95 of 2011, arising out of Case Crime No. 49 of 2010, under Sections 3/25 Arms Act, Police Station- Chakiya, District- Chandauli, pending in the court of learned Additional Sessions Judge/Fast Track Court-IInd, Chandauli.
It is submitted by learned counsel for the applicant that applicant was enlarged on bail by the competent court and he could not appear before the trial court, hence non-bailable warrant was issued against him. He further submits that the reasons on account of which the applicant failed to appear before the trial court were beyond his control and the applicant has every intention to appear before the court concerned and participate in the proceedings of the trial. Therefore, the impugned order is liable to be quashed.
Per contra, learned A.G.A. has stated that applicant has alternative remedy to move application for recall of non-bailable warrant before the lower court concerned.
I have gone through the record. From the perusal of order-sheet it appears that non-bailable warrant was issued against the applicant on 03.08.2018 and that order continued till 04.11.2019.
Having heard learned counsel for the applicant as well as learned A.G.A. for the State and considering the fact that applicant has alternative remedy to move application before lower court for recalling the non-bailable warrant, I do not find any ground which may warrant any interference by this Court in exercise of its jurisdiction under Section 482 Cr.P.C.
The present application under Section 482 Cr.P.C. is devoid of merits and is, accordingly, dismissed .
Order Date :- 6.4.2022 Vikas
Digitally signed by VIKAS VERMA Date: 2022.04.06 17:10:35 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether High Court should interfere under Section 482 Cr.P.C. to quash non-bailable warrant when alternative remedy exists in lower court.
1 provisions across 1 enactments
Ajay Pratap
State Of U.P.
Mohd. Aslam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
