Javed Anwar And 2 Otehrs vs State Of U.P. And Another
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Allahabad High Court

Javed Anwar And 2 Otehrs vs State Of U.P. And Another on 8 November, 2024

Author: Sanjay Kumar Pachori

Bench: Sanjay Kumar Pachori

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:175829
 
Court No. - 77
 

 
Case :- APPLICATION U/S 482 No. - 28341 of 2024
 

 
Applicant :- Javed Anwar And 2 Otehrs
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Amar Nath
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sanjay Kumar Pachori,J.
 

Sri Amar Nath, learned counsel for the applicants and 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 2.5.2017 passed Additional Sessions Judge, Gautam Budh Nagar, in S.T. No. 191 of 2011 (State vs. Pravesh Tiger and others) arising out of Case Crime No. 359 of 2010, under Sections 147, 148, 149, 307 of I.P.C., P.S. Badalpur, District Gautam Budh Nagar, whereby non bailable warrant has been issued against the applicants.

Learned counsel for the applicants submits that impugned case is police encounter no injury case. Applicant is released on bail prior to issuing non bailable warrant. Applicant has no criminal history.

Learned counsel for the applicants 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 applicants 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 on 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 applicants appear before the court below within three weeks from today and applies for bail/recall of non bailable warrant, their application 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 applicants appear before the court below, whichever is earlier, execution of non bailable warrant against the applicants shall be kept in abeyance.

Order Date :- 8.11.2024

A.P. Pandey