An applicant sought to quash non-bailable warrants in a criminal case involving IPC 307, 504, and 506. The court found no substantive challenge to the proceedings and refused to interfere with the warrant process.
Prayer for quashing refused; applicant allowed 15 days to surrender and apply for bail.
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Court No. - 64
Case :- APPLICATION U/S 482 No. - 14578 of 2023
Applicant :- Smt. Radha Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sushil Kumar Tiwari,Pradeep Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
The applicant has come up seeking to quash the non-bailable warrants issued against him on 21.12.2022 by the Additional Chief Judicial Magistrate, Court No. 2, Agra in Case No. 2132 of 2018, State v. Ashwani @ Anshu (arising out of Case Crime No. 41 of 2018), under Section 307, 504, 506 of the Indian Penal Code, 1860, Police Station - Jaitpur, District – Agra.
Upon hearing learned Counsel for the applicants and the learned A.G.A., this Court finds that there being no substantive challenge to the proceedings, this Court cannot interfere with a mere process, which the non-bailable warrant is. The applicant does not question any proceedings where his rights may be involved.
The prayer for quashing the non-bailable warrant is, therefore, refused.
However, in case the applicant surrenders within 15 days of date and applies for bail, her prayer shall be considered by the Magistrate expeditiously, in accordance with law.
The application stands disposed of in terms of the orders aforesaid.
Order Date :- 25.4.2023 Deepak
Digitally signed by :- DEEPAK KUMAR PANDEY High Court of Judicature at Allahabad
1 issue framed by the court
Whether to quash non-bailable warrants issued in an IPC 307 case where no substantive challenge to proceedings exists.
1 provisions across 1 enactments
Smt Radha
State of U.P.
Munir J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
