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| HC declines to quash non-bailable warrants issued against Police Cop | | | Early Times Report
Jammu, Sept 23- Dismissing the criminal revision petition filed against the order of the Sessions Judge Bhaderwah, issuing non bailable warrants against accused Raj Singh Head Constable Jammu and Kashmir Police, Justice Mohammed Yaqoob Mir of J&K High Court Jammu Wing held that the order of August 24, 2009 is an interlocutory against which no revision can be life as is specifically barred in terms of section 435 Cr. PC. The Sessions Court had issued non bailable warrants against the accused in a criminal case which is pending before the Court.
The petitioner submitted that he is a head constable and has been selected to undergo six month’s lower class course at SKPA Udhampur with effect from August 19, 2009 as per the order issued by SSP Doda dated August 11, 2009. In compliance the petitioner reported there. Against the petitioner criminal case is pending before the Court of Sessions Judge Bhaderwah. Trial Court on August 24, 2009 issued non-bailable warrants against the petitioner as the petitioner could not appear, obviously as being undergoing training. On his behalf application was filed which the Trial Court rejected without assigning reason.
After considering the facts of the case the Court further observed that it shall be open for the petitioner to move proper application afresh before the Court of Sessions Judge Bhaderwah and it is expected that same shall be considered properly for the reason that the petitioner in-fact is not absenting deliberately. On the application, if so filed on his behalf, the Sessions judge is expected to pass appropriate orders which would include recalling of the warrants. JNF
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