GUR SEWAK SINGH Vs. STATE OF U P

JUDGEMENT

(1.) M. Katju, J. Heard learned counsel for the parties. This is an application under Section 482 Cr. P. C. for quashing the order dated 24-9-1996. It is stated in paragraph 14 of the application that vide order dated 24-9-1996, true copy of which is Annexure 10 to the writ petition, the trial court in S. T No. 419 of 1994 straightaway issued non-bailable warrant of arrest against the applicant under Section 319 Cr. P. C.

(2.) LEARNED counsel for the petitioner contended that the trial Court should only have issued summons to the applicant at the first instance and should not have straightaway issued non-bailable warrant. He has relied on Section 87, Cr. P. C. which states: "87. Issue of warrant in lien of, or in addition to, summons.-A court may, in any case in which it is empowered by this Code to issue a summons for the appearance of any persons, issue, after record ing its reasons in writing, a warrant for this arrest. (a) if, either before the issue of such sum mons, or after the issue of the same but before the time fixed for his appearance, the court sees reason to believe that he has absconded or will not obey the summons; or (b) if at such time he fails to appear and the summons is proved to have been duly served in time to admit of his appearing in accordance therewith and no reasonable excuse is offered for such failure. "