The High Court held that an application u/s 482 Cr.P.C. was misconceived and not maintainable as it was the second petition challenging non-bailable warrants by an applicant who failed to comply with previous court directions.
Application under Section 482 Cr.P.C. dismissed as misconceived and not maintainable.
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Court No. - 68
Case :- APPLICATION U/S 482 No. - 4311 of 2023
Applicant :- Sushil Kumar Chaurasiya Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Pankaj Sharma Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
The applicant has preferred the instant application under Section 482 Cr.P.C. challenging an order dated 25.2.2021 passed by Chief Judicial Magistrate, Varanasi, whereby nonbailable warrant has been issued in Case No. 919 of 2016, 'State v. Suhil', under Sections 419, 420, 467, 468, 471, 506 IPC, arising out of Case Crime No. 171 of 2015, Police Station Sigra, District Varanasi.
Learned A.G.A. points out that earlier also the applicant had approached this Court challenging the non-bailable warrants issued on 05.12.2017 in Case Crime No. 171 of 2015 by means of Application U/s 482 Cr.P.C. No. 31074 of 2019, which has been disposed of by order dated 11.9.2019, whereby the applicant was granted protection till the date of appearance before the court below, however, he failed to abide by the directions issued in the said order and again approached this Court which is misconceived in the eyes of law.
Being the second petition challenging the non-bailable warrants, the present application is not maintainable. It is misconceived.
Hence the application stands dismissed.
Order Date :- 3.4.2023 DS
Digitally signed by :- DIGAMBER SINGH High Court of Judicature at Allahabad
1 issue framed by the court
Whether a second application u/s 482 Cr.P.C. challenging non-bailable warrants is maintainable when the applicant failed to abide by earlier court directions.
1 provisions across 1 enactments
Sushil Kumar Chaurasiya
State Of U.P.
Manju Rani Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
