Raju @ Gyanendra Singh vs State Of U.P. And Another
2022 Latest Caselaw 14236 ALL

Citation : 2022 Latest Caselaw 14236 ALL
Judgement Date : 13 October, 2022

Allahabad High Court

Raju @ Gyanendra Singh vs State Of U.P. And Another on 13 October, 2022

Bench: Saurabh Shyam Shamshery




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 84
 

 
Case :- APPLICATION U/S 482 No. - 22883 of 2022
 

 
Applicant :- Raju @ Gyanendra Singh
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Anand Kumar Singh,Shri Prakash Dwivedi
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Saurabh Shyam Shamshery,J.

1. This matter is taken up out of turn on a mention made by learned counsel for applicant.

2. The present application under Section 482 Cr.P.C. has been filed for quashing of non-bailable warrant/ summoning order dated 02.07.2022 issued by Special Judge, Gangster Act, Kanpur Nagar in Session Case No. 926 of 2022 (CNR No. U.P.KN010060182022), arising out of Case Crime No. 0834 of 2022, under Section 3(1) U.P. Gangster and Anti Social Acvities (Prevention) Act, 1986, Police Station Naubasta, District Kanpur Nagar as well as charge sheet dated 25.05.2021.

3. Learned counsel for applicant, after arguing for some time, on instruction, submits that applicant seek some time to appear before Trial Court and requested that non-bailable warrant issued against him be kept in abeyance for a period of three weeks from today.

4. Learned A.G.A. appearing for State has no objection against the aforesaid prayer.

5. Accordingly the prayers made in this application are rejected. However, considering the undertaking given by applicant, the non-bailable warrant issued against him is kept in abeyance for a period of three weeks from today, as a one time measure. Meanwhile, applicant shall surrender before Trial Court and file appropriate application and Trial Court is directed to decide the same strictly in terms of the judgment passed by Supreme Court in Satender Kumar Antil vs. Central Bureau of Investigation and another, (2021) 10 SCC 773. In case of default, Trial Court is at liberty to execute non-bailable warrant in accordance with law.

6. With the aforesaid directions, this application is disposed of.

Order Date :- 13.10.2022/AK

(Sl. No. 90 out of 363 fresh cases)