Arun Kumar vs State Of U.P. And Another
2024 Latest Caselaw 18934 ALL

Allahabad High Court

Arun Kumar vs State Of U.P. And Another on 24 May, 2024

Author: Sanjay Kumar Pachori

Bench: Sanjay Kumar Pachori

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:95442
 
Court No. - 70
 

 
Case :- APPLICATION U/S 482 No. - 13704 of 2024
 

 
Applicant :- Arun Kumar
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Anil Kumar Singh,Jagjeet Singh,Mohan Ram
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sanjay Kumar Pachori,J.
 

Sri Anil Kumar Singh, learned counsel for the applicant and Miss. Somya Madhyan, learned A.G.A. for the State are present.

The present application under Section 482 of the Code of Criminal Procedure, 1973 has been filed to quash the order dated 26.07.2019 passed by Civil Judge (Upper Division)/Judicial Magistrate Court No.13, Azamgarh in case no. 4118 of 2024 (State Vs. Arun Kumar) arising out of Case Crime No. 151 of 2012 under Sections 419, 420, 467, 468, 471 and 120B IPC, Police Station Aharaula, District Azamgarh whereby non bailable warrant has been issued.

Learned counsel for the applicant submits that the impugned order has been passed without satisfying itself that the summon and other process for attendance has been served without issuing any summon or bailable warrant direct NBW 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 warrants has been passed without satisfying the service of summons or bailable warrants.

Learned A.G.A. has 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 twenty days 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 twenty days from today or till applicant appear before the court below, whichever is earlier, execution of non bailable warrant against applicant shall be kept in abeyance.

Order Date :- 24.5.2024

Kumar Manish.