Application under Section 482 Cr.P.C. filed to quash non-bailable warrant orders. Court rejected the plea, holding that issuing warrants for a bail-jumper who absconded was not an act of power, thereby dismissing the application.
Application for quashing non-bailable warrant orders dismissed in their entirety.
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Neutral Citation No. - 2024:AHC:125686
(Sl.No.5)
Court No. - 79
Case :- APPLICATION U/S 482 No. - 22989 of 2024
Applicant :- Mohammad Shoaib Ali @ Danish Ali Opposite Party :- State of U.P. and Another Counsel for Applicant :- Babu Lal Ram,Mahendra Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Anish Kumar Gupta,J.
granted bail on 13.9.2018 and thereafter, he has never appeared before the trial court and the non-bailable warrants were issued on 1.4.2019 and till date he has not cooperated with the trial.
Order Date :- 5.8.2024 LN Tripathi
(Anish Kumar Gupta,J.)
Digitally signed by :- LALIT TRIPATHI High Court of Judicature at Allahabad
2 issues framed by the court
Whether the non-bailable warrant orders should be quashed when the applicant deliberately absented himself from trial proceedings.
Whether the applicant's attempt to obtain an adjournment by leaving the jurisdiction amounts to bona fide grounds under Section 482 Cr.P.C.
1 provisions across 1 enactments
Mohammad Shoaib Ali @ Danish Ali
State of U.P.
Anish Kumar Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
