Mukesh Pandey vs State Of U.P. And Another
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Allahabad High Court

Mukesh Pandey vs State Of U.P. And Another on 4 April, 2025

Author: Sanjay Kumar Pachori

Bench: Sanjay Kumar Pachori

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2025:AHC:47387
 
Court No. - 72
 

 
Case :- APPLICATION U/S 528 BNSS No. - 10125 of 2025
 

 
Applicant :- Mukesh Pandey
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Manish Kumar Dwivedi
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sanjay Kumar Pachori,J.
 

Sri Manish Kumar Dwivedi, learned counsel for the applicant and Sri A.K. Rai, learned A.G.A. for the State are present.

The present application under Section 528 of Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed to quash the order dated 5.10.2023 passed by Chief Judicial Magistrate, Kaushambi in criminal case no. 820 of 2014 (State Vs. Mukesh Pandey) arising out of case crime No. 49 of 2014, under Sections 379, 411, I.P.C., Police Station Manjhanpur, District Kaushambi, whereby Non Bailable Warrant 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 on bail at the time of issuing of Non-Bailable Warrant.

Learned A.G.A. has opposed the application.

Considering submissions of learned counsel and perusing record, the instant application under Section 528 of Bhartiya Nagrik Suraksha Sanhita, 2023 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 :- 4.4.2025

T. Sinha