Quashed

Chandrabhan Singh v. State of U.P. and Another

Allahabad HC18 Apr 2022A482/4868/2022

Case brief

AI extract

What is this about?

The High Court quashed a non-bailable warrant issued without cognizance under Section 482 CrPC. The court held the impugned warrant order dated 09.11.2021 was bad in law and directed the lower court to pass appropriate orders.

What did the court decide?

The non-bailable warrant order dated 09.11.2021 was set aside. No coercive action to be taken for two weeks. Applicant directed to file an application before the lower court within a week.

Chandrabhan Singh Vs State of U.P. and Another — Criminal Trial and Appeal | Allahabad HC (2022)

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Court No. - 86

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Case :- APPLICATION U/S 482 No. - 4868 of 2022

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Applicant :- Chandrabhan Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ali Hasan,Istiyaq Ali Counsel for Opposite Party :- G.A.

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Hon'ble Gautam Chowdhary,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.

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The present application under Section 482 Cr.P.C. has been filed for quashing the non-bailable-warrant order dated 09.11.2021 passed by learned Special Judge (SC/ST) Act/Additional Sessions Judge, Court No.2, Bhadohi at Gyanpur in Sessions Trial No. 68 of 2016 (State Vs. Chandrabhan Singh) arising out of Crime No. 109 of 2015 under Sections 370-A, 374 I.P.C. Section 16, 17, 18 of Bonded Labour System (Abolition) Act and Section 3 (1) (6) of SC/ST Act, Police Station Suriyawan, District Bhadohi as well as to quash the proceedings of the aforesaid case.

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Learned counsel for the applicant submits that on the charge sheet dated 08.06.2015, the learned Court below took cognizance in a routine manner without recording any substance of allegation and as such the same was challenged before this Court by way of filing Criminal Misc. (482) Application No. 6772 of 2017, which came up for consideration before another Bench of this Court and the said cognizance order dated 07.05.2016 was set aside vide order dated 02.03.2017 granting liberty to the Magistrate concerned to issue fresh order/notice if necessary. Learned counsel further submits that thereafter the order passed by this Court was served upon the Court below on 29.03.2017 and since then the several dates were fixed. It is further submitted that for taking cognizance date was fixed for 20.10.2021, thereafter 09.11.2021 was the date fixed. On 09.11.2021, the learned Court below without taking cognizance had issued non-bailable-warrant against the applicant which is continued till date. Learned counsel further argued that without taking cognizance, the learned Court below cannot issue non-bailable-warrant against the applicant and thus the impugned non-bailable-warrant order is bad in law.

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After hearing the learned counsel for the parties and after perusing order impugned, this Court is of the opinion, that the arguments advanced by learned counsel for the applicant has

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substance.

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Accordingly, the order dated 09.11.2021 is set aside with a direction to the concerned Court below to pass appropriate order in accordance with law, as expeditiously as possible, preferably within a week from the date of production of a certified copy of the order before it.

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Learned counsel for the applicant undertakes that the applicant shall file an appropriate application along with a copy of this order before the concerned Court below within a week from today.

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For a period of two weeks' from today, no coercive action shall be taken against the applicant.

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With the aforesaid directions, the instant application is disposed of.

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Order Date :- 18.4.2022 S.Ali

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Digitally signed by SHAUKAT ALI Date: 2022.04.19 17:02:13 IST Reason: Location: High Court of Judicature at Allahabad

Chandrabhan Singh v. State of U.P. and Another

Case brief

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Chandrabhan Singh v. State of U.P. and Another

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