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  RD-AH 19533 (17 November 2006)
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.
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