Naushad vs State Of U.P. And Another
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Allahabad High Court

Naushad vs State Of U.P. And Another on 1 October, 2024

Author: Sanjay Kumar Pachori

Bench: Sanjay Kumar Pachori

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:160858
 
Court No. - 78
 

 
Case :- APPLICATION U/S 482 No. - 29336 of 2024
 

 
Applicant :- Naushad
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Vivek Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sanjay Kumar Pachori,J.
 

Sri Vivek Singh, 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 22.03.2021 passed by Additional Sessions Judge, Court No. 12, Meerut in Session Trial No. 752 of 2016 (State vs. Anees & others), arising out of Case Crime No. 191 of 2016, under Sections 395, 397, 412 IPC, whereby NBW 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. It is further submitted that non-bailable warrant has been issued without issuing any summon and bailable warrant.

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 for the applicants 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 four 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 four 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 :- 1.10.2024

MAA/-