The High Court rejected an application under Section 482 Cr.P.C. to set aside a non-bailable warrant, directing the applicant to seek recall from the lower court first as an alternative remedy existed.
Application disposed of; applicant directed to move for recall of non-bailable warrant before the lower court.
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Court No. - 88 Case :- APPLICATION U/S 482 No. - 2621 of 2022 Applicant :- Javir Khan Opposite Party :- State of U.P. Counsel for Applicant :- Deepak Kumar Srivastava,Kavita Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Mohd. Aslam,J.
Heard learned counsel for applicant and learned A.G.A. for the State.
Supplementary affidavit filed by learned counsel for applicant is taken on record.
The instant application under Section 482 Cr.P.C. has been moved for setting aside the order dated 25.8.2020 by which the non-bailable warrant was issued in S.T. No.207 of 2010 (State Vs. Rajeev and 6 others), under Sections 363, 366 I.P.C., Police Station Mau Darwaja, District Farrukhabad pending in the court of Additional District Judge/Fast Track Court-I, Farrukhabad.
It is contended by learned counsel for applicant that applicant could not appear before the court below on 25.1.2020 due to illness and as a result of which non-bailable warrant was issued against him. It is further contended that that the applicant was on bail and has filed the photocopy of bail order. It is further contended that the applicant was released on bail vide order dated 22.9.2009. It is further contended that the name of applicant is Sabir @ Bablu @ Javir Khan, which find mention in the order sheet.
Learned A.G.A. for the State has opposed the application.
I have gone through the file. The applicant may move application for recall of non-bailable warrant before the court below. In such circumstances where alternative remedy is available, the application under Section 482 Cr.P.C. cannot be entertained in routine manner.
In above circumstances, I find no ground to interfere in the order of learned court below and, accordingly, the application under Section 482 Cr.P.C. is disposed of with observation that if the applicant moves application for recall of non-bailable warrant before the court below, the court below shall consider and decide it in accordance with law.
Order Date :- 28.3.2022/Anil K. Sharma
Digitally signed by ANIL KUMAR SHARMA Date: 2022.03.29 14:17:13 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the High Court should exercise inherent powers under Section 482 Cr.P.C. to set aside a non-bailable warrant issued by the lower court when an alternative remedy is available.
Whether the application for recall of a non-bailable warrant should be decided before invoking inherent jurisdiction under Section 482 Cr.P.C.
1 provisions across 1 enactments
Javir Khan
Mohd. Aslam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
