Uttarakhand High Court

C482/374/2002 of BHUWAN LAL KHATRI and ORS. Vs STATE on 17 December 2002

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No.374 of 2002 Hon'ble Irshad Hussain, J. Heard. This is a petition under section 482 of the code of Criminal Procedure for quashing of order dated 13.12.2002. By the said order the non-bailable warrants were issued against the accused petitioners on whose behalf application for

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Hon'ble Irshad Hussain, J.

Heard.

This is a petition under section 482 of the code of Criminal Procedure for quashing of order dated 13.12.2002. By the said order the non-bailable warrants were issued against the accused petitioners on whose behalf application for exemption was submitted by the counsel which it appears was not allowed. The prosecution had moved for Cancellation of the bail of the accused and the impugned order itself indicates that with out cancellation of the bail, non-bailable warrants have been issued. the procedure does not appear to be proper and just. considering this, the impugned order dated 13-12-2002 is set aside. The petitioners accused shall appear before the learned sessions Judge and submit the reply at notices for cancellations of the bail and the matter shall be decided on merit. The petition is disposed of finally. Copy of the order be supplied today on payment of requisite copying charges.

(Irshad Hussain, J.)

17/12/2002

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