Pappu @ Satendra vs State Of U.P.
2024 Latest Caselaw 36183 ALL

Allahabad High Court

Pappu @ Satendra vs State Of U.P. on 5 November, 2024

Author: Sanjay Kumar Pachori

Bench: Sanjay Kumar Pachori

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:173191
 
Court No. - 77
 

 
Case :- APPLICATION U/S 482 No. - 30939 of 2024
 

 
Applicant :- Pappu @ Satendra
 
Opposite Party :- State of U.P.
 
Counsel for Applicant :- Rajesh Kumar Pandey
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sanjay Kumar Pachori,J.
 

Sri Rajesh Kumar Pandey, learned counsel for the applicant and Sri R.K.Singh, 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 30.07.2024 passed by Additional Civil Judge (J.D.)/J.M., Court No. 7, Bulandshahar in Criminal Case No. 1501 of 2011 (State of U.P. vs. Pappu @ Satendra), arising out of Case Crime No. Nil of 2000, under Section 414 IPC, P.S. Kotwali Ngar, District Bulandshahr, whereby NBW has been issued against the applicant.

Learned counsel for the applicant submits that Non-Bailable Warrant has been issued after release of the applicant on bail. 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. It is further submitted that non-bailable warrant has been issued without issuing any summon and bailable warrant.

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.

Learned A.G.A. has opposed the application.

Considering submissions of learned counsel for the applicants 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 three 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 three weeks 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 :- 5.11.2024

MAA/-