Hari Om Gupta vs State Of U.P. And Another
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Allahabad High Court

Hari Om Gupta vs State Of U.P. And Another on 25 April, 2025

Author: Sanjay Kumar Pachori

Bench: Sanjay Kumar Pachori

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2025:AHC:64939
 
Court No. - 72
 

 
Case :- APPLICATION U/S 528 BNSS No. - 14176 of 2025
 

 
Applicant :- Hari Om Gupta
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Satendra Kumar
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sanjay Kumar Pachori,J.
 

Heard Sri Satendra Kumar, learned counsel for the applicant and Sri S.P. Maurya, learned A.G.A. for the State.

The present application under Section 528 of BNSS has been filed to quash the order dated 28.07.2010 passed in Criminal Case No. 921 of 2016 (State v. Hari Om Gupta and Others), under Sections 406, 323, 504 and 506 of IPC, PS Ganjdundwara, District Etah, whereby the non-bailable warrant has been issued.

Learned counsel for the applicant submits that the impugned order has been passed by the court without satisfying itself that the summon and other process for attendance has been served and without issuing any summon or bailable warrant, direct N.B.W. has been issued. It is further submitted that applicant was on bail at the time of issuing non-bailable warrant.

Learned counsel for the applicant further submitted that the impugned order has been passed against position of law. It is further submitted that it is a settled position of law that non-bailable warrant should be issued as a last resort after the litigants failed to respond to notice, summons and bailable warrants. It is further submitted that order of the non-bailable warrant has been passed on 28.07.2010 without satisfying the service of summons or bailable warrants itself and reason to believe from absconding the process of the court.

Learned A.G.A. as well as learned counsel for the opposite party No. 2 have 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 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 the applicant shall be kept in abeyance.

Order Date :- 25.4.2025

Akram