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2022 Supreme(All) 877

NEERAJ TIWARI
Peer Mohammad – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Dharmendra Kumar
For the Respondent: G.A.,Mohd.Aslam Azhar Khan, Rajeev Ratan Shukla

JUDGMENT :

NEERAJ TIWARI, J.

1. Heard learned counsel for the appellant, learned GA for the State and Sri Rajeev Ratan Shukla, learned counsel for respondent No. 2.

2. By means of the present criminal appeal under Section 14A-1, the appellant is assailing the legality and validity of the order dated 19.08.2020 and charge sheet dated 06.07.2020 as well as entire proceeding of Case No. 88 of 2020, State v. Peer Mohammad, arising out of Case Crime No. 163 of 2019, under Sections-419, 420, 467, 468, 471, 504, 506 of IPC and Sections 3(2)5A and 3(1)S of SC/ST Act, Police Station-Pashchimi Sharira, District-Kaushambi, pending in the Court of Special Judge SC/ST Act, Kaushambi.

3. Learned counsel for appellant submitted that charge sheet was submitted on 19.08.2020 and on the very same date, after taking cognizance, straight away non bailable warrant has been issued against the appellant, which is bad in law. It is next submitted that while issuing non bailable warrants, it is required on the part of Magistrate concerned to record satisfaction, but in the present case, no satisfaction has been recorded as to why, while taking cognizance, non bailable warrant has been issued . It is further su

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