The High Court dismissed the application under Section 482 CrPC seeking cancellation of a non-bailable warrant. The applicant, who had jumped bail and went abroad, was denied relief as no discretionary action was warranted at that stage.
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Court No. - 64
Case :- APPLICATION U/S 482 No. - 40422 of 2022
Applicant :- Kaleem @ Kaleem Ahmad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gopal Krishna Pandey Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Undisputedly, the applicant was enlarged on bail. He jumped the bail and went abroad without permission of the Court. Upon his return he seeks cancellation of the non-bailable warrant. In view of the facts noted above, no discretionary relief is warranted at this stage, by this Court.
Accordingly, the present application is dismissed.
Leaving it open to the applicant to appear before the learned court below and pray for discretion, the present application lacks merit and is dismissed.
Order Date :- 1.2.2023 Ashutosh
Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad
3 issues framed by the court
Whether discretion to refuse cancellation of non-bailable warrant is warranted when the applicant jumped bail and went abroad.
Whether the applicant lacks merit for seeking relief regarding cancellation of non-bailable warrant.
Whether the applicant is entitled to appear before the lower court to pray for discretion.
1 provisions across 1 enactments
Kaleem @ Kaleem Ahmad
Saumitra Dayal Singh
Ashutosh Kumar Prajapati
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
