Mithilesh S/O Prayagnarayan ... vs State Of Mah. Thr. Pso Ps Deoli ...
2022 Latest Caselaw 5802 Bom

                                  1



        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  NAGPUR BENCH, NAGPUR.


         CRIMINAL APPLICATION (APL) NO. 796 OF 2022


1.      Mithilesh s/o Prayagnarayan Choudhary,
        age 52 years, Occu : Business, R/o H.B.
        Town, Flat No. 38, Bhandara Road,
        Nagpur.


2.      Chakkandtij   Shankarutti         Sudhakaran,
        age 72 years, Occupation : Retired, r/o
        Wadanapalli, Dist. Chittur, Kerala

                                                        ... APPLICANTS

                                VERSUS
        State of Maharashtra,
        through the Police Station
        Officer, P.S. Deoli, Tq. Deoli,
        District Wardha.

                                                ... NON-APPLICANT.
_____________________________________________________________
       Shri A.J. Thakkar, Advocate for the applicants.
       Shri H.D. Dubey, A.P.P. for the non-applicant/State.
______________________________________________________________




                       CORAM          :     VINAY JOSHI, J.

                       DATED.         :     24.06.2022.


ORAL JUDGMENT :

           ADMIT.

2. Heard finally by consent of both the parties.

3. This application raises a challenge to issuance of non-

bailable warrant by the Trial Court due to non-appearance. It is

submitted that on 16.06.2022 due to personal difficulty, the applicants

were unable to attained the Court. Therefore, they have applied for

exemption, however, it was rejected and non-bailable warrant has been

issued.

4. It is argued that the applicants have co-operated to the Trial

Court and till date the evidence of three witnesses has been recorded.

Perusal of Roznama indicates that most of the time the applicants

remained absent, but sought exemption which was granted. It is

informed that now, the Trial Court has posted the matter on 30.06.2022

for further evidence. Though the applicants have urged for cancellation

of non-bailable warrant however, this is not the Forum where warrants

issued by the Trial Court could be cancelled unless exceptional grounds

are made out.

5. Certainly the Trial Court would be the best judge in the

situation to take a call whether the warrant is to be cancelled or not.

The applicants undertake to appear before the Trial Court on

27.06.2022 and to seek for cancellation.

6. In view of that, petition could be disposed of by issuing

certain directions. The warrant of arrest issued by the Trial Court

against the petitioners shall be kept in abeyance till 27.06.2022, on

which date both petitioners shall appear before the Trial Court and

apply for cancellation of non-bailable warrant. The Trial Court shall

pass the appropriate orders in accordance with law and facts and

circumstances of the case.

7. The Application stands disposed of in aforestated terms.

(VINAY JOSHI, J.)

Trupti

TRUPTI SANTOSHJI AGRAWAL

24.06.2022 18:15