Manoj Kumar vs State Of U.P. And Another
2024 Latest Caselaw 36612 ALL

Allahabad High Court

Manoj Kumar vs State Of U.P. And Another on 7 November, 2024

Author: Sanjay Kumar Pachori

Bench: Sanjay Kumar Pachori

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:174501
 
Court No. - 77
 

 
Case :- APPLICATION U/S 482 No. - 21484 of 2024
 

 
Applicant :- Manoj Kumar
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Dr. Akhilesh Kumar
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sanjay Kumar Pachori,J.
 

Supplementary affidavit filed today by learned counsel for the applicant is taken on record.

Dr. Akhilesh Kumar, learned counsel for the applicant and Sri Tej Bhan 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 19.5.2022 passed by Chief Judicial Magistrate, Fatehpur in case no. 2883 of 2015, arising out of case crime No. 188 of 2014, under Sections 279, 338, 427, I.P.C., whereby N.B.W. has been issued against the applicant.

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 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.

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 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 appears before the court below, whichever is earlier, execution of non bailable warrant against applicant shall be kept in abeyance.

Order Date :- 7.11.2024

T. Sinha