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SURESH SONI versus STATE OF U.P.

High Court of Judicature at Allahabad

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Suresh Soni v. State Of U.P. - APPLICATION U/s 482 No. 10479 of 2006 [2006] RD-AH 19533 (17 November 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble R.K.Rastogi,J.

This is an application under section 482 Cr.P.C. to recall non-bailable warrant issued against the applicant  and notices issued to his sureties in Special Case no. 336 of 2005 ( State Vs. Suresh Soni under sections 302, 394 & 412 I.P.C. P.S. Auraiya district Auraiya.

I have heard learned counsel for the applicant and learned A.G.A. for the State.

It has been state in the application that the applicant is accused in the above case. This case  was originally pending in district Etawah but after  creation of new district Auraiya the case was transferred from Session Division Etawah to the Session Division Auraiya as the case pertained to that  division.

Grievance of the applicant  is that  after transfer of the case to the court of the Special Judge, Auraiya he did not receive  any information about transfer of the case and  non-bailable warrant  was issued against him. So, he has prayed for  recalling  the order issuing non-bailable warrant against him as well as the notices to the sureties. Certified copy of the order sheet  has also been filed  along with this application. It goes to show that  when the accused did not appear in the court  of the Special Judge, Auraiya non bailable warrant was issued against him.

From perusal of the order sheet  it appears that no notice was sent to the  applicant  regarding transfer of the case from Etawah  to Auraiya,and when he did not appear in  the said court at Auraiya non-bailable warrant was issued against him  and thereafter notices  were  also issued to the sureties. Since no intimation of the transfer of the case  from Etawah to Auraiya was given to the applicant, the above order issuing non-bailable warrant  against him and  notices to the sureties  is illegal and is liable to be set aside.

The application under section 482 Cr.P.C. is, therefore, allowed, and the order passed by the lower court  issuing non-bailable  against the  accused-applicant and notices to the sureties  is hereby set aside .

The accused-applicant is directed to appear  in the  court of the Special Judge ( Dacoity Affected Areas ), Auraiya on 15.12.2006.The Presiding Officer of that court  on appearance of the  accused-applicant shall not insist for filing  of fresh bail bonds and shall  permit the accused to remain on the same bail bonds which have not been forfeited so far.

Dated:17.11.2006

RPP/Crl Misc.Appl.10479/06


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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