Applicant sought quashing of non-bailable warrants. The court held it was not the proper forum as the order sheet was missing. Application was disposed of with direction to move the lower court for recall or bail, citing Satender Kumar Antil and Brahm Singh.
Application disposed of with direction to apply to the lower court for recall of warrants and bail.
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Court No. - 34
Case :- APPLICATION U/S 482 No. - 2714 of 2022
Applicant :- Vijay Opposite Party :- State of U.P. Counsel for Applicant :- Shashi Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Sadhna Rani (Thakur),J.
Learned counsel for the applicant appeared and prayed for quashing of the non bailable warrants dated 04.02.2021, 25.02.2021, 09.03.2021 and 30.07.2021 issued against the applicant in Case No. 5666 of 2020 (State Vs. Vijay), Crime No. 95 of 2016 under Section 3/25 Arms Act, Police Station Naya Gaon, District Etah, pending in the court of Additional Chief Judicial Magistrate, Court No. 17, Etah.
The order sheet, which has been filed in the court, transpires that the non bailable warrants were issued against the present accused on 04.02.2021 and the non bailable warrants are still alive. According to the applicant, he was granted bail in the present case on 22.07.2016 but the order sheet between 22.07.2016 to 04.02.2021 has not been placed before the court. This court is not a proper forum where the non bailable warrants of the applicant can be quashed.
The application is, therefore, disposed of with the direction that if the applicant appears before the court below and moves an application for recall of non bailable warrants, that application shall be disposed of expeditiously as per law and if the bail of the applicant has been cancelled and he moves an application for bail, it shall be disposed of in view of law laid down in Satender Kumar Antil Vs. Central Bureau of Investigation and another, (2021) 10 SCC 773 and Brahm Singh and others Vs. State of U.P. and others, 2016 (95) ACC 950.
Order Date :- 9.2.2022 gp
Digitally signed by GANESH PRAKASH Date: 2022.02.10 14:24:06 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether a High Court acting as a revisional court can quash non-bailable warrants issued by the subordinate court when it lacks a proper order sheet from the trial court regarding bail history.
Colour shows how this judgement treated each authority
Satender Kumar Antil Vs. Central Bureau of Investigation and anotherReferred¶7
Satender Kumar Antil Vs. Central Bureau of Investigation and another, (2021) 10 SCC 773 · Who else cites this
Brahm Singh and others Vs. State of U.P. and othersReferred¶7
Brahm Singh and others Vs. State of U.P. and others, 2016 (95) ACC 950
Vijay
State of U.P.
Sadhna Rani (Thakur)
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Sadhna Rani (Thakur)
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