The High Court cancelled a non-bailable warrant for present appellants but directed a fresh warrant and explained to the SHO that the previous warrant was not served by arrest. The SHO was ordered to appear for explanation.
Non-bailable warrant cancelled for present appellants; new warrant issued for absent appellant; SHO ordered to appear.
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HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
CRA No. 2197 of 2000
Ghuran Versus State of M.P. (Now Chhattisgarh)
CRA/2023/2000 & CRA/77/2001
| 06/10/2021 Ms. Smriti Shrivastava, counsel for the appellants. |
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| Ms. Ishwari Ghritlahre, P.L. for the State. |
| The aforesaid criminal appeals (CRA Nos. 2197/2000, 2023/2000 & 77/2001) have been preferred against the judgment dated 28.07.2000 passed by the IInd Additional Sessions Judge, Ambikapur at Surguja (C.G.), in S.T. No. 241/1996. |
| Appellant Ghuran has preferred CRA No. 2197/2000 on 29.08.2000 and CRA No. 77/2001 on 05.09.2000 arising out of the same judgment. In the light of pendency of CRA No. 2197/2000, CRA No. 77/2001 is redundant and dismissed as redundant. |
| Pursuant to the non-bailable warrant dated 17.08.2021, appellant Ghuran in CRA No. 2197/2000 and appellant No. 1 Ramesh in CRA No. 2023/2000 are present with their counsel before this Court. Their presence be marked. Heard on I.A. No. 01/2021, application for cancellation of non- bailable warrant, filed in CRA No. 2197/2000 and CRA No. 2023/2000. |
| Upon due consideration and for the reasons mentioned in the application the same is allowed and non-bailable warrant dated 17.08.2021 in respect of appellants Ghuran in CRA No. 2197/2000 and appellant No. 1-Ramesh in CRA No. 2023/2000 is hereby cancelled. |
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| Appellant No.2-Kishun in CRA No.2023 is not present before this Court. Report dated 04.10.2021 of Police Station, Ambikapur, District Sarguja (C.G.) would show that the non-bailable warrant has been served upon the respective appellants treating it simply a notice, rather in non-bailable warrant the police has to arrest and produce the appellant before the Court. |
| In view of above, the Station House Officer, Police Station Ambikapur, District Surguja (C.G.), is directed to remain present before this Court on 23.11.2021 along with his explanation in the matter. |
| Let again non-bailable warrant be issued against appellant No.2-Kishun in CRA No.2023/2000 through registered mode and it should be served through concerned Superintendent of Police for his production before this Court on23.11.2021. List this case on23.11.2021. Sd/- (Rajani Dubey) Judge |
H.L. Sahu
1 issue framed by the court
Whether to cancel the existing non-bailable warrant and direct police action against the absent appellant.
Ghuran
Ramesh
Kishun
State
Rajani Dubey
H.L. Sahu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
