The High Court dismissed an application under Section 482 Cr.P.C. challenging a non-bailable warrant. The court held that as the applicant absconded for nearly five months, no indulgence is warranted, and the application must fail.
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Court No. - 65
Case :- APPLICATION U/S 482 No. - 6913 of 2023
Applicant :- Rambabu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jeet Bahadur Singh,Ashok Kumar Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Jeet Bahadur Singh, the learned counsel for applicant and the learned A.G.A. for State.
Challenge in this application under section 482 Cr.P.C. is to the order dated 20.10.2021, passed by Sessions Judge, Aligarh in Special Case No. 18 of 2015 (State Vs. Rambabu), whereby Court below has issued non bailable warrant against applicant.
At the very outset, learned A.G.A. submits that applicant is named and charge-sheeted accused in aforementioned criminal case. Applicant absconded from the proceedings of above mentioned case. Consequently, court below issued non bailable warrant against applicant. However, inspite of the fact hat a period of almost 5 months has rolled by from the date of order i.e. 20.10.2022, applicant has not yet appeared before Court below. Resultantly, proceedings of above mentioned case have remained held up for almost 5 months on account of non-coperation of applicant. As such, applicant does not deserve any indulgence by this Court.
When confronted with above, learned counsel for applicant could not overcome the same.
As a result, present application fails and is liable to be dismissed.
It is accordingly dismissed.
Order Date :- 17.3.2023
Arshad
Digitally signed by :- ARSHAD MAHMOOD High Court of Judicature at Allahabad
2 issues framed by the court
Whether an application to quash a non-bailable warrant under Section 482 Cr.P.C. should be allowed when the accused absconded for nearly five months after the warrant was issued.
Whether the court below deserves indulgence in an appeal against the issuance of a non-bailable warrant when the applicant failed to appear within the requisite period.
1 provisions across 1 enactments
Rambabu
State of U.P.
Rajeev Misra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
