Hon’ble Allahabad High Court while dealing with an application in the case of  Janardan Singh v. State Of U.P. And Another here on 30-01-2019 stating that if no summoning order is passed, Non Bailable Warrant issued against the applicant is illegal.

BRIEF FACTS OF THE CASE

This petition was filed before this court for quashing the proceedings of case no. 2221 of 1988 arising out of crime no. 775 of 1986, under Sections 147,148, 149, 323, 452, 353 IPC and Section 7 Criminal Law Amendment Act, Police Station Kotwali, district Azamgarh. Also, a prayer has been made to stay the proceedings in this case.

In this case after the lodging of FIR a notice was issued to the complainant to file a protest petition and later on a Non Bailable Warrant was issued.

DECISION OF THE COURT

Hon’ble Court held that that no notice was served upon the complainant. Further Complainant cannot be compelled to file protest petition. Court further stated that no summoning order was passed till date against the applicant rejecting the final report and in this position N.B.W. issued against the applicant is illegal.

Thus, the court stayed the effect and operation of the order passed against the applicant.

Read the full Judgement Here:

http://elegalix.allahabadhighcourt.in/elegalix/WebDownloadJudgmentDocument.do?judgmentID=6965867