Single judge disposed of an application under Section 482 Cr.P.C. seeking quashing of criminal proceedings and a non-bailable warrant, noting the applicant's availability to approach the trial court under Section 70 Cr.P.C.
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. - 82
Case :- APPLICATION U/S 482 No. - 5029 of 2022
Applicant :- Jaswant Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Krishna Kant Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Umesh Kumar,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed for quashing entire criminal proceedings along with summoning order dated 20.02.2021 and order issuing Non-bailable Warrant dated 07.01.2022 against the applicant including charge-sheet dated 03.12.2020 in Criminal Case No.3288 of 2021 (State Versus Jaswant Singh) arising out of Case Crime No.151 of 2020 under Sections 147, 148, 326, 34, 323 and 506 I.P.C., Police Station Highway, District Mathura.
Learned counsel for the applicant has stated that in view of order of the Division Bench dated 11.01.2022, interim order was extended till 28.02.2022 while the trial judge has issued non-bailable warrant against the applicant without issuing bailable warrant in the matter.
The offences are grave in nature and charge-sheet has been submitted under Sections 147, 148, 326, 34, 323 and 506 I.P.C. Learned counsel for the applicant desires that order issuing nonbailable warrant shall be quashed invoking provisions of Section 482 Cr.P.C. Under the provisions of Section 70 Cr.P.C. the applicant is at liberty to move appropriate application before the trial court to obtain just and legal order in the matter.
With the aforesaid observations this application is finally disposed of.
Order Date :- 25.4.2022
MN/-
Digitally signed by MAHENDRA NATH Date: 2022.04.25 16:33:21 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether to quash the order issuing a non-bailable warrant under Section 482 Cr.P.C.
2 provisions across 1 enactments
Jaswant Singh
Umesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
