Vidya Sagar Tiwari vs State Of U.P. And Another
2024 Latest Caselaw 38521 ALL

Allahabad High Court

Vidya Sagar Tiwari 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:182646
 
Court No. - 77
 

 
Case :- APPLICATION U/S 482 No. - 24639 of 2024
 

 
Applicant :- Vidya Sagar Tiwari
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Raj Karan Patel
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sanjay Kumar Pachori,J.
 

Sri Raj Karan Patel, learned counsel for the applicant and Sri B.N. Upadhyay, learned A.G.A. for the State.

The present application under Section 482 of the Code of Criminal Procedure, 1973 has been filed to quash the order dated 12.10.2023 to 13.05.2024 passed by Special Chief Judicial Magistrate, Allahabad in Case No. 949 of 2021 (State Vs. Vidya Sagar Tiwari), arising out Case Crime No. 143 of 2021, under Sections 379, 411, 413, 414 of I.P.C., Police Station- Daraganj, District Prayagraj whereby non-bailable warrant has been issued against the applicant.

Learned counsel for the applicant submits that prior to issuing non-bailable warrants, the applicant was 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 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 appear before the court below, whichever is earlier, execution of non bailable warrant against applicant shall be kept in abeyance.

Order Date :- 22.11.2024

Ishan