Allahabad High Court: In an application under Section 482 Code of Criminal procedure, 1973 Rahul Chaturvedi, J directed the Additional District Judge to give written explanation as to why order dated 20-7-2016 issuing non bailable warrants has not been complied with till date.
It was contended by the applicant that Police (‘Respondents') are accused of Special Session Trial for offences under Sections 436, 395, 397 of the Penal Code, 1860(‘IPC') but they are not co-operating with the trial.
The Court said that it is shocking to see that non bailable warrants were issued against the respondents for the first-time in 2016 and now its 2023, and even after lapse of six years, Additional District Judge is unable to get the non bailable warrants executed against police personnel. Indeed, it is a shocking situation. The police personnel are not above the law and the application of law and legal provisions should be one and the same for all and no special treatment shall be given to any person depending upon his position, power and place in society.
The Court directed the Additional District Judge to execute non bailable warrants against the respondents and give a report to this effect by the next date fixed.
The matter will next be taken up on 01-2-2023.
[Chandrapal v. State of U.P, 2023 SCC OnLine All 13, order dated 09-01-2023]
Advocates who appeared in this case :
Hardev Prajapati, Advocate, Counsel for the Applicant;
Government Advocate, Counsel for the Opposite Party.
*Apoorva Goel, Editorial Assistant has reported this brief.