RAM ACHHAIBAR Vs. STATE OF U.P.

JUDGEMENT

(1.) THIS petition under Section 482 Cr.P.C. is directed against the order dated August 29, 1986 passed by 11 Additional Sessions Judge, Faizabad, whereby he rejected the accused applicants application for issuing non -bailable warrants for the arrest of the witnesses, summoned on behalf of the applicant who did not turn up despite service. The applicant is facing trial before the Additional Sessions Judge in Session Trial No. 301 of 1985 under Sections 20/148/149/307, I.P.C. After the closure of the prosecution case the applicant made an application to summon the records from certain offices. The records were sought to be summoned from the Technical Education Board, Lucknow, from the office of the Chief Judicial Magistrate Lucknow and the King Georges Medical College. All these records were sought the concerned clerk. The application was allowed and it appears that summons were issued. In response to the summons clerk from the office of the Technical Education Board appeared but the clerks from the other offices did not appear. The applicant, therefore, moved application on which the impugned order has been passed. The court below rejected the application on the ground that the applicant has not disclosed the names of the persons against whom the non -bailable warrants were to be issued. In my opinion there was no error in the order passed by the court below. Non -bailable warrant could be issued against a nominated person. Earlier the summons were not issued to any nominated person but were issued to certain offices through their concerned Administrative Officers who were required to send the clerk concerned. It is still open to the applicant to indicate the name or names of the persons against whom the non -bailable warrants or warrant are required to be issued. With this observation the application is rejected.