Court disposed of habeas corpus-like petition under Section 482 Cr.P.C. Directing petitioner to appear in trial court, non-bailable warrant kept in abeyance pending appearance. Order vacated if petitioner fails to appear.
Non-bailable warrant kept in abeyance until petitioner's appearance in trial court.
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.
C‐482 No. 13 of 2014
Hon’ble V.K.Bist, J.
Mr. Sandeep Tandon, Advocate, present for the petitioners.
Mr. M.A. Khan, A.G.A., present for the State. Heard learned counsel for the parties.
It is contended by learned counsel for the petitioner that case is fixed before the Court below 07.02.2014. It is also contended by learned counsel for the petitioner that matter is pending since 1995. Earlier bail was granted to the applicant on 20.04.1995. He further submitted that prior to that petitioner regularly appeared before the court and also applied for exemption through his counsel which was granted. Subsequently, he was not aware about the date fixed in the matter and could not appear. ue to this reason Non Bailable Warrant was issued against the petitioner. It is further submitted that petitioner is ready to appear before the court as and when required.
Considering the submission of learned counsel for the petitioner, it is directed that petitioner shall appear before the trial court on the next date fixed. Till that day, Non Bailable Warrant shall be kept in abeyance. It is also directed that incase petitioner does not appear before the court below, the order passed by this Court shall stand vacated.
The petition under section 482 Cr.P.C. stands disposed of.
Let a certified copy of this order be supplied to learned counsel for the parties within 24 hours as usual charges.
mamta
1 issue framed by the court
Whether to quash the non-bailable warrant issued against the petitioner due to failure to appear.
1 provisions across 1 enactments
Petitioner
State
V.K.Bist
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
