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2015 DIGILAW 1779 (ALL)

Chhotai @ Chhotey v. State of U. P

2015-07-07

ADITYA NATH MITTAL

body2015
JUDGMENT Aditya Nath Mittal, J. Heard learned counsel for the petitioner, learned AGA and perused the record. 2. This petition under section 482 Cr.P.C. has been filed to quash the order dated 26.07.2014 passed by the learned Judicial Magistrate, Court no.3, Sultanpur in Criminal Case No.1102 of 2012 (State vs. Sant Lal) by which the non-bailable warrant has been issued against the petitioner. 3. Learned counsel for the petitioner has submitted that the petitioner is a labour class and could not appear before the court below. Therefore, the non-bailable warrant has been issued. 4. Perusal of the order-sheets reveal that other three accused persons have already been appeared before the court below and the proceedings are being delayed due to non-appearance of the petitioner. 5. Certainly, in case, the accused did not appear on the date fixed, the court has power to issue non-bailable warrant. 6. I do not find any sufficient ground to quash the order dated 26.07.2014. However, it is provided that if the petitioners appear before the court below within fifteen days from today and apply for bail, his bail shall be considered in accordance with law expeditiously. With the aforesaid observations the writ petition is disposed of.