Applicant sought quashing of a non-bailable warrant issued after he missed the charge-framing date in an attempted robbery trial. The High Court found no substantial legal question, disposed of the application, and directed him to appear before the court below, keeping the warrant in abeyance for 30 days.
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Neutral Citation No. - 2024:AHC:150952
Court No. - 89
Case :- APPLICATION U/S 482 No. - 29142 of 2024
Applicant :- Nijamuddin Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Ram Manohar Narayan Mishra,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material placed on record.
By means of present 482 Cr.P.C. application, the applicant has prayed for quashing the Non Bailable Warrant dated 28.5.2024, passed by learned Additional Session Judge- First, Amroha in S.T. No.336 of 2023, arising out of Case Crime No.187 of 2015, under Sections 398, 401, 307, 353 IPC, Police Station Amroha Dehat, District Amroha.
Learned counsel for the applicant submits that the applicant has been prosecuted by the court below in above sections. The applicant was enlarged on bail by orders of Court of Session and the case is pending before the Court of Additional Session JudgeFirst, Amroha. The accused applicant was released from jail on bail on 3.5.2024. He moved two exemption applications on 13.5.2024 and 20.5.2024, however, due to certain complications could not appear on 28.5.2024 at the stage of framing of charge, hence, NBW was issued against him. He lastly submitted that the accused is prepared to appear in person before the court below and cooperate in hearing or framing of charge as the case may be.
Per contra, learned AGA has vehemently opposed and submitted that it appears that the accused failed to appear before the court below at the stage of framing of charge and therefore, NBW was issued against him.
From perusal of record, it appears that no substantial legal question is involved in the case and no useful purpose of law will be served in keeping the present application pending, therefore, the same is being disposed of by this Court with a direction that the applicant will appear before the Court below on next date fixed in the case and will keep on appearing before the court below till framing of
charge or till hearing of the framing of charge, as the case may be.
The N.B.W. issued against the applicant vide order dated 28.5.2024 will be kept in abeyance for a period of 30 days from today and the court below will be at liberty to cancel the NBW on appearance of accused applicant before the court in person.
Order Date :- 17.9.2024 Kamarjahan
Digitally signed by :- KAMARJAHAN ANSARI High Court of Judicature at Allahabad
1 issue framed by the court
Whether the NBW issued for non-appearance at framing of charge could be quashed or kept in abeyance on the applicant's commitment to appear before the court below.
1 provisions across 1 enactments
Nijamuddin
State of U.P.
Ram Manohar Narayan Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
