In this Section 482 Cr.P.C. application, the High Court dismissed the plea challenging the issuance of non-bailable warrants in Sessions Case No. 8548 of 2014.
The application seeking quashing of orders issuing non-bailable warrants was dismissed.
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. - 65
Case :- APPLICATION U/S 482 No. - 7166 of 2023
Applicant :- Vijay Arora And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rohit Sharan Tomar Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. R.S. Tomar, the learned counsel for applicants and the learned A.G.A. for State.
Perused the record.
Challenge in this application under Section 482 Cr.P.C. is to the order dated 27.10.2021 passed by 4th Additional Civil Judge (S.D.), Ghaziabad in Case No. 8548 of 2014 (State Vs. Vijay Arora and Others) under Sections 323, 504, 506 IPC, Police StationIndrapuram, District-Ghaziabad whereby non-bailable warrants have been issued against applicants.
At the very outset, the learned A.G.A. contends that on account of default committed by applicants in appearing before court below, non-bailable warrants were issued against applicants vide order dated 27.10.2021. However, in spite of the fact that a period of approximately 17 months has rolled by from the date of order i.e. 27.10.2021, applicants have not yet appeared before court below. On account of non-cooperation of applicants, proceedings of above-mentioned criminal case have remained held up for almost 17 months. As such, applicants do not deserve any indulgence by this Court.
When confronted with above, the learned counsel for applicants could not overcome the same.
In view of above, present application fails and is liable to be dismissed.
It is accordingly dismissed.
Order Date :- 16.3.2023 Vinay
Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad
2 issues framed by the court
Whether an application invoking the inherent powers of the court should be allowed in a case where the applicant has failed to appear before the lower court for approximately 17 months following the i
Whether the applicant deserves any indulgence when the proceedings have remained held up due to their non-cooperation.
2 provisions across 2 enactments
Vijay Arora And 3 Others
Rajeev Misra
Vinay Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
