‘Shocking’: Allahabad HC Seeks ADJ's Explanation Over Non-Execution Of NBW Against Police Personnel For 6 Years

The Court also sought a written response from the Additional District Judge/Special Court/D.A.A., Badaun explaining why the order of July 2016 issuing non-bailable warrants has not been complied with to date.

“It is shocking to see that non-bailable warrants were issued against the respondent nos.3, 4 and 5 (police personnel) for the first time way back on 20.7.2016 and now we are in January 2023 but after the lapse of even six years, learned Additional District Judge/Special Court/D.A.A., Badaun was unable to get the non-bailable warrants executed against police personnel,” the bench of Justice Rahul Chaturvedi said.

The bench further added that police personnel are not above the law and the application of law and legal provisions should be one and same for all and no special treatment shall be given to any person depending upon his position, power and place in the society.

The matter came to light while the court dealing with a Section 482 CrPC plea wherein the applicant contended that respondents nos.3, 4 and 5 (police personnel) are the accused in a case u/s 436, 395, 397 IPC, but they are not cooperating with the trial.

Calling it a shocking state of affairs that the NBW was issued against them in the year 2016, however, the same remained unexecuted to date, the Court sought a written explanation from the Court concerned.

The Court also asked the Court concerned to execute non-bailable warrants against respondents no.3, 4 and 5 and give a report to this effect by the next date fixed (February 1, 2023).

Appearances

Counsel for Applicant: Hardev Prajapati

Counsel for Opposite Party: G.A.

Case title - Chandrapal vs. State Of U.P. And 4 Others [APPLICATION U/S 482 No. - 434 of 2023]

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