Kushalpal Singh And 3 Others vs State Of U.P. And Another
2022 Latest Caselaw 3169 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 91
 

 
Case :- APPLICATION U/S 482 No. - 27463 of 2021
 

 
Applicant :- Kushalpal Singh And 3 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Rakesh Kumar Srivastava
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sameer Jain,J.

Heard Sri Rakesh Kumar Srivastava, learned counsel for the applicant and Sri Arvind Kumar, learned A.G.A. for the State.

By way of the present application, the applicant has challenged the order dated 23.09.2021 by which, trial court has issuedbailable warrant against him.

Learned counsel for the applicant submitted that an application under section 482 Cr.P.C. filed by the applicant is still pending before this Court in which in the year 2019, proceedings were stayed but later on in view of the judgment passed by the Apex Court in the case of 'Asian Resurfacing of Road Agency Pvt. Ltd. and another vs. C.B.I. (2018) 16 SCC 299', the court below passed the impugned order on 23.09.2021 and issued bailable warrant and there is legality in the order dated 23.09.2021, hence, the same may be quashed.

Per contra, learned A.G.A. submitted that against the order dated 23.09.2021, there is specific provision of appeal under section 14 A (1) S.C./S.T. Act. Therefore, this application is not maintainable. It is further submitted that as by way of the impugned order, only bailable warrant is issued, therefore, there is no occasion for this Court to interfere with the impugned order.

I have heard the parties and perused the record.

I find no illegality in the order dated 23.09.2021 as it was passed in pursuance to the directions given by the Apex Court in the case of 'Asian Resurfacing' (supra) and only bailable warrant has been issued against the applicant. Therefore, no interference is needed by this Court.

The application is devoid of merits and is, accordingly, dismissed.

Order Date :- 17.5.2022

Madhurima