Criminal petition under Section 482 Cr.P.C. filed to recall non-batable warrants regarding a 1996 cheque dishonour case involving crores. Court refused leniency given the gravity of allegations and dismissed the petition.
Petition dismissed; petitioners directed to approach Trial Court for recall of warrants if advised.
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.
HON’BLE SRI JUSTICE C.PRAVEEN KUMAR
CRIMINAL PETITION No.891 of 2014
ORDER:
This Criminal Petition is filed, under Section 482 Cr.P.C., seeking quashing of the proceedings in C.C.No.689 of 2002 on the file of Chief Metropolitan Magistrate, Visakhapatnam.
The charge sheet came to be filed against the petitioners for the offences punishable under Sections 406, 420, 120-B read with 34 IPC. Though the learned Counsel for the petitioner filed the present application seeking quashing of the entire proceedings in C.C., but, however, restricted his prayer seeking recall of nonbailable warrants issued against the petitioners in the year 2002. According to him, the petitioners came to know of the pendency of the above case recently and, therefore, seeks to recall the nonbailable warrants issued against them.
Taking into consideration the nature of the allegations made in the charge sheet and as the crime was registered in the year 1996, wherein crores of rupees have been swindled by the petitioners, I am of the view that no leniency can be extended by recalling the non-bailable warrants issued against them. If the petitioners are so advised, they are at liberty to make an application before the Trial Court seeking recall of non-bailable warrants issued against them which shall be considered by the learned Magistrate in accordance with law.
Accordingly, the Criminal Petition is dismissed. Miscellaneous petitions, if any, pending shall stand closed.
C.PRAVEEN KUMAR,J
Date:03.02.2014 usd
2 issues framed by the court
Whether the high court should quash proceedings or recall non-bailable warrants for cheating offence involving crores of rupees registered in 1996.
Whether leniency is available for recalling non-bailable warrants in a serious financial fraud case.
1 provisions across 1 enactments
Petitioners
State
C. Praveen Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
