Pawan Kumar Gupta vs State Of U.P.
2025 Latest Caselaw 2911 ALL

Allahabad High Court

Pawan Kumar Gupta vs State Of U.P. on 2 January, 2025

Author: Sanjay Kumar Pachori

Bench: Sanjay Kumar Pachori

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2025:AHC:175
 
Court No. - 75
 

 
Case :- APPLICATION U/S 482 No. - 34919 of 2024
 

 
Applicant :- Pawan Kumar Gupta
 
Opposite Party :- State of U.P.
 
Counsel for Applicant :- Abhishek Kumar Mishra,Chandrakesh Mishra,Sr. Advocate
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sanjay Kumar Pachori,J.
 

Learned counsel for the applicant submits that due to inadvertence the prayer has been wrongly mentioned.

Learned counsel for the applicant is permitted to correct the same during the course of hearing.

Sri Data Shankar Mishra, learned Senior Counsel assisted by Sri Chandrakesh Mishra, counsel for the applicant and Sri S.P. Maurya, 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 08.02.2008 passed by Additional Sessions Judge/ F.T.C. Court No. 2, Varanasi in Session Trial No. 638 of 2003 (State Vs. Atal Kumar and others) arising out Case Crime No. 274 of 2003, under Sections 307, 399, 402 of I.P.C., Police Station- Firozabad, District Firozabad whereby non-bailable warrant has been issued against the applicant.

Learned Senior Counsel submits that the applicant is a labour and the resident of District Agra and the case is related to District Varanasi and after appointing his counsel he has gone to Mumbai for earning his livelihood. The applicant was on bail prior to issuing of non-bailable warrants. 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 :- 2.1.2025

Ishan