Narendra vs State Of U.P. And Another
2024 Latest Caselaw 38321 ALL

Allahabad High Court

Narendra vs State Of U.P. And Another on 21 November, 2024

Author: Sanjay Kumar Pachori

Bench: Sanjay Kumar Pachori

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:181690
 
Court No. - 77
 

 
Case :- APPLICATION U/S 482 No. - 34158 of 2024
 

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

 
Hon'ble Sanjay Kumar Pachori,J.
 

Sri Akhilesh Kumar, learned counsel for the applicant and Sri Pushpraj Singh, learned brief holder 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 27.7.2023 passed by Additional Sessions Judge, Court No. 7, Ghaziabad in Session Trial no. 343 of 2015 (State Vs. Rinku and others) arising out of case crime No. 463 of 2013, under Sections 395, 412, I.P.C., Police Station Masuri, District Ghaziabad, whereby N.B.W. has been issued against the applicant.

Learned counsel for the applicant submits 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 the applicant was granted bail earlier to issuing Non-Bailable Warrant.

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 :- 21.11.2024

T. Sinha