Santosh And 3 Others vs State Of U.P. And Another
2022 Latest Caselaw 5606 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 42
 

 
Case :- APPLICATION U/S 482 No. - 17340 of 2022
 

 
Applicant :- Santosh And 3 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Sudist Kumar
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Saurabh Shyam Shamshery,J.

1. Heard learned counsel applicants and learned A.G.A. for State.

2. The present application under Section 482 Cr.P.C. has been filed for quashing of non-bailable warrant dated 26.04.2022 in Case No. 733 of 2012 (State vs. Santosh Ahuja and others), under Section 406 IPC.

3. Learned counsel for applicants submits that though charge sheet was challenged by way of filing Application under Section 482 No. 11563 of 2012 wherein initially stay was granted on 05.04.2012, however in view of judgment passed by Supreme Court in Asian Resurfacing of Road Agency Private Limited and Another v. Central Bureau of Investigation (2018) 16 SCC 299, bailable warrants were issued to applicants on 30.03.2022 and thereafter non-bailable warrants were issued on 26.04.2022. Learned counsel submits that applicants are ready to appear before Trial Court and prayed that in these circumstances the non-bailable warrants be kept in abeyance for a period of two weeks from today.

4. Considering the submissions and undertaking given by learned counsel for applicants, the non-bailable warrants issued against applicants are kept in abeyance for a period of two weeks from today. Meanwhile, applicants are directed to surrender and file appropriate application and Trial Court is directed to consider and decide the same in accordance with law expeditiously. In case of default, the Court concerned is at liberty to take all measures to execute the non-bailable warrants.

5. The application is accordingly disposed of.

Order Date :- 29.6.2022

AK