Saddam Alias Salman vs State Of U.P. And Another
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Allahabad High Court

Saddam Alias Salman 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:94858
 
Court No. - 70
 
Case :- APPLICATION U/S 482 No. - 13586 of 2024
 
Applicant :- Saddam Alias Salman
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Sandeep Tripathi
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sanjay Kumar Pachori,J.
 

Heard Sri Sandeep Tripathi, learned counsel for the applicants and learned A.G.A. for the State.

The present application under Section 482 of the Code of Criminal Procedure, 1973 has been filed to quash the order dated 10.11.2023 by which the non-bailable warrants has been issued in Case No. 30526 of 2023, under Sections 379, 411 of I.P.C, P.S. G.R.P. Muzaffarnagar, District Muzaffarnagar.

Learned counsel for the applicant does not want to press the rest of the prayer.

Learned counsel for the applicant submits that the non-bailable warrant has been issued without issuing any summons or any other processes. The applicant was on bail prior to issuing the non-bailable warrants. In this regard, learned counsel for the applicant has also relied upon a case of Apex Court in Inder Mohan Goswami & Anr. Vs. State of Uttaranchal and others 2008 (1) SCC(CRI) 259.

In view of the above facts and circumstances, the order dated 10.11.2023 is kept in abeyance 15 days from the date of production of the certified copy of this order. The applicant is directed to file recall application/ bail application within the aforesaid period to recall the Non-bailable warrant. dated 10.11.2023 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.

The application stands disposed of with the aforesaid liberty.

Order Date :- 24.5.2024/A.P. Pandey