AKASH MISHRA @ VAKEEL Vs. STATE OF U P

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned Additional Government Advocate.

(2.) By consent, heard finally.

(3.) The petitioner is one of the accused in the charge-sheet No.262 of 2014 filed on 08.11.2014 in the court of Additional Chief Judicial Magistrate-IV, Court No.28, District Lucknow. Initially, the crime was registered in respect of the offences punishable under Sections 380, 411 of the IPC. The accused was arrested and was released on bail by the Court of Sessions. However, subsequently, when the charge-sheet came to be filed, one more offence viz.- offence punishable under Section 413 of the IPC, was added therein. The Magistrate observed that the petitioner had not obtained bail with respect to that offence and, therefore, issued a non-bailable warrant for the arrest of the petitioner. Being aggrieved thereby, the petitioner has approached this Court by filing the present petition, invoking the inherent powers of this Court and praying that the order issuing non-bailable warrant as passed by the learned Magistrate, be quashed.