The Allahabad High Court has expressed shock over non-execution of non bailable warrants against police personnel for six years.

The bench of Justice Rahul Chaturvedi observed that non-bailable warrants were issued against three police personnel for the first time in 2016 but even after lapse of six years, the Additional District Judge/Special Court/D.A.A., Badaun was unable to get the non bailable warrants executed against police personnel.

“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, learned 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 Court noted.

The Court was informed that the said police personnel are the accused under Section 436, 395, 397 of Indian Penal Code. It is further contended that the police personnel, who are being accused, are not co-operating with the trial.

The Court noted that the Additional District Judge/Special Court/D.A.A., Badaun was unable to get the non bailable warrants executed against police personnel even after lapse of six years.

The Court asserted that police personnel are not above the law and the application of law and legal provisions should be one for all.

“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.”, the Court observed.

Thus the Court directed the Additional District Judge/Special Court/D.A.A., Badaun to give written explanation as to why the order issuing non bailable warrants has not been complied with till date.

The Court further added that “By that time the Court expects that if there is no other legal impediment, the learned 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.”

Cause Title- Chandrapal v. State Of U.P. and Others

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Allahabad High CourtJustice Rahul Chaturvedi

Ashish Shaji