Devki And 2 Others vs State Of U.P. And Another
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Allahabad High Court

Devki And 2 Others vs State Of U.P. And Another on 22 November, 2024

Author: Sanjay Kumar Pachori

Bench: Sanjay Kumar Pachori

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:182794
 
Court No. - 77
 

 
Case :- APPLICATION U/S 482 No. - 24698 of 2024
 

 
Applicant :- Devki And 2 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Ajay Yadav,Ram Sanehi Yadav
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sanjay Kumar Pachori,J.
 

Sri Rajendra Kumar, Advocate holding brief of Sri Ram Sanehi Yadav, learned counsel for the applicants and Sri B.N. Upadhyay, 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 02.05.2017 passed by Judicial Magistrate, Mathura in Criminal Case No. 1676 of 2016 (State of U.P. Vs. Govindveer and others), arising out Case Crime No. 266 of 2015, under Sections 147, 148, 323, 324, 504 of I.P.C., Police Station- Thana Refinery, District Mathura, whereby non-bailable warrant has been issued against the applicants.

Delay in filing the application is explained.

Learned counsel for the applicants submits that prior to issuing non-bailable warrants, the applicants were granted bail. It is further submitted 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 NBW 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.

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

Order Date :- 22.11.2024

Ishan