Sharif Ahmad vs State Of U.P. And Another
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Allahabad High Court

Sharif Ahmad vs State Of U.P. And Another on 1 July, 2024

Author: Sanjay Kumar Pachori

Bench: Sanjay Kumar Pachori

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:106322
 
Court No. - 78
 

 
Case :- APPLICATION U/S 482 No. - 20655 of 2024
 

 
Applicant :- Sharif Ahmad
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Ashish Pandey
 
Counsel for Opposite Party :- G.A.,Mohd Zubair
 

 
Hon'ble Sanjay Kumar Pachori,J.
 

Sri Mohd. Zubair, Advocate filed his Vakalatnama today on behalf of the opposite party No. 2/first informant today, which is taken on record.

Sri Ashish Pandey, learned counsel for the applicant, Sri Jai Prakash Rai, learned A.G.A. for the State and Shri Mohd. Zubair, learned counsel for the opposite party No. 2/first informant are present.

The present application under Section 482 of the Code of Criminal Procedure, 1973 has been filed to quash the order dated 6.6.2024 passed by Judicial Magistrate, Sikandrau, District Hathras in case no. 28 of 2020 (State Vs. Sharf Ahmad) arising out of case crime No. 421 of 2019, under Sections 420, 467, 468, 471, IPC, Police Station Sikandrau, District Hathras, whereby NBW has been issued against the applicant.

Learned counsel for the applicant submits that the impugned order has been passed by the court without satisfying itself that the summon and other process for attendance has been served and without issuing any summon or bailable warrant, direct N.B.W. has been issued.

Learned counsel for the applicant further submitted that the impugned order has been passed without considering the facts and circumstances of the case and law provided in this regard. It is further submitted that order of the non-bailable warrant has been passed without satisfying the service of summons or bailable warrants itself and reason to believe from absconding the process of the court.

Learned A.G.A. as well as learned counsel for the opposite party No. 2 have opposed the application.

Considering submissions of learned counsel and perusing record, the instant application u/s 482 Cr.P.C. is finally disposed of with a direction that in case applicant appears before the court below within two weeks from today and applies for bail/recall of non bailable warrant, his application shall be shall be decided in the light of the observations made in the judgments rendered by the Supreme Court in Satender Kumar Antil Vs. Central Bureau of Investigation & Another, (2021) 10 SCC 773, Siddharth Vs. The State of Uttar Pradesh & Another 2022 (11) SCC 676 and Aman Preet Singh Vs. C.B.I. through Director 2021 SCC Online SC 941.

For a period of two weeks from today or till applicant appears before the court below, whichever is earlier, execution of non bailable warrant against the applicant shall be kept in abeyance.

Order Date :- 1.7.2024

T. Sinha