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

Rinku vs State Of U.P. And Another on 2 June, 2025

Author: Deepak Verma

Bench: Deepak Verma

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2025:AHC:94281
 
Court No. - 49
 
Case :- APPLICATION U/S 528 BNSS No. - 15646 of 2025
 
Applicant :- Rinku
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Nagendra Kumar Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Deepak Verma,J.
 

1. Heard learned counsel for the parties and perused the record.

2. The present application under Section 482 of the Code of Criminal Procedure, 1973 has been filed to quash the impugned Non-Bailable Warrant dated 24.10.2024 passed by learned Additional Chief Judicial Magistrate-I, Mathura (State Versus Gajraj and 2 Others) in Case No. 13095 of 2016, arising out of Case Crime No.738 of 2015, under Sections 323, 324, 504 and 506 I.P.C., Police Station-Raya, District-Mathura.

3. Learned counsel for the applicant submits that applicant was on bail prior to issuing non bailable warrant. It is further submitted 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.

4. 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. It is further submitted that order of the non-bailable warrant has been passed without satisfying the service of summons or bailable warrants itself and reason to believe from absconding the process of the court.

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

6. Considering submissions of learned counsel and perusing record, the instant application u/s 482 Cr.P.C. is finally disposed off 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 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.

7. 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 the applicant shall be kept in abeyance.

Order Date :- 2.6.2025/Nitin Verma