The Allahabad High Court sought a written response from the Additional District Judge/Special Court/D.A.A, Badaun explaining why the order of July 2016 issuing non-bailable warrants has not been complied with to date, while expressing shock over the non-execution of non-bailable warrants against police personnel accused in a criminal case for 6 years.
A Single Bench of Justice Rahul Chaturvedi passed this order while hearing an application under section 482 filed by Chandrapal.
It is contended by the counsel for the applicant that respondent nos 3, 4 and 5 are the accused of Special Session Trial under section 436, 395, 397 IPC, P.S-Qadar Chowk, District Budaun.
It is further contended by the counsel for the applicant that respondent nos 3, 4 and 5 are the police personnel, who are being accused, but they are not cooperating with the trial.
The Court said that,
It is shocking to see that non bailable warrants were issued against the respondent nos 3, 4 and 5 for the first time way back on 20.7.2016 and now we are in January, 2023 but after lapse of even six years, the Additional District Judge/Special Court/D.A.A, Badaun was unable to get the non bailable warrants executed against police personnel. Indeed it is a shocking state of affairs.
The police personnel are not above the law and the application of law and legal provisions should be one and same for all and no special treatment shall be given to any person depending upon his position, power and place in the society.
Under these circumstances, the Additional District Judge/Special Court/D.A.A, Badaun is required to give written explanation as to why order dated 20.7.2016 issuing non bailable warrants has not been complied with till date, the Court further said.
“By that time the Court expects that if there is no other legal impediment, the Additional District Judge/Special Court/D.A.A, Badaun shall execute his own non bailable warrants against the respondent no 3, 4 and 5 and give a report to this effect by the next date fixed”, the order reads.
The Court has fixed the next hearing of the petition on February 01, 2023.