IN THE HIGH COURT OF ALLAHABAD
MANJU RANI CHAUHAN, J.
Jaypal and Another – Appellants
Versus
State of U.P. and Another – Respondents
Application U/s 482 No. 12016 of 2023
Decided On : 25-04-2023
Constitution of India, 1949 - Article 21 -Indian Penal Code, 1860 - Sections 302, 120B - Criminal Procedure Code, 1973 - Section 482, 66, 62, 82, 83 - Offence of Murder - Criminal conspiracy - Protection of life and personal liberty - Held, Learned counsel applicants regarding Magistrate having no right to issue bailable warrants or non-bailable warrants or proclamation attachment without sufficient service - Court finds that initially summoning order against which criminal revision has been filed by applicants which has been rejected vide - Case applicants were well aware of summoning order and non-bailable warrant issued against applicants were dishonestly or fraudulently avoiding appearance before court below - Court concerned has no other option but to issue non-bailable warrants proceedings under no illegality or infirmity orders impugned - Application dismissed.
JUDGMENT :
MANJU RANI CHAUHAN, J.
1. Heard Mr. Rajak Kumar Shukla, learned counsel for the applicants and Mr. K.P. Pathak, learned AGA for the State.
2. This application under Section 482 Cr.P.C. has been filed with the prayer to quash the impugned orders dated 15.03.2023, 16.02.2023, 16.01.2023, 14.10.2022, 05.09.2022, 25.08.2022, 15.07.2022, 09.06.2022 passed by learned Chief Judicial Magistrate, Firozabad in Criminal Case No. 2685 of 2019 (State vs. Jaypal Singh and Others), arising out of Case Crime No. 528 of 2017, under Sections 302, 120B IPC, Police Station-Shikohabad, District-Firozabad, pending before the Court of Chief Judicial Magistrate, Firozabad.
3. The factual matrix of the case is that:
(ii) On 02.06.2017, Jaypal alongwith Pushplata (informant’s daughter) came to village Pali Kheda and on 04.06.2017, Jaypal and Naresh left their house at 07:00 a.m. in the morning, stating that they were going to the market for some work and will come back at 04:00 p.m. When they came, their face was covered with clothes and they were terrified. They told the informant’s daughter that his brother; Raghvendra wants to meet her. The aforesaid facts were told by Pushplata to the informant and on the basis of the aforesaid information, he was fully confident that his son Raghvendra has been murdered by Jaypal, Naresh, Kavita, Monu, Deshraj, Jeetendra and Meena. Hence, the present F.I.R. was lodged.
(iii) During investigation,
Before issuing Non-Bailable Warrant due care and precaution is warranted for Trial Court and Non-Bailable Warrant should not be issued in a cursory manner.
Non-bailable warrants should only be issued after careful consideration of personal liberty and societal interests, avoiding them unless absolutely necessary.
The main legal point established in the judgment is the requirement for recording satisfaction before issuing warrants, strict compliance with the provisions of Cr.P.C., and following the procedure f....
(1) In bailable offence, right of accused to get bail is absolute and indefeasible right and courts have no discretion in granting bail.(2) Criminal Courts should consider bail applications particula....
The judgment established that the issuance of a non-bailable warrant should follow proper procedure and judicial guidelines, including the recording of satisfaction by the court.
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