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

Sonu And Another vs State Of U.P. And Another on 5 June, 2025

Author: Sanjay Kumar Pachori

Bench: Sanjay Kumar Pachori

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2025:AHC:95594
 
Court No. - 50
 

 
Case :- APPLICATION U/S 528 BNSS No. - 17675 of 2025
 

 
Applicant :- Sonu And Another
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Sushil Kumar Pandey
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sanjay Kumar Pachori,J.
 

Compliance affidavit filed today by learned A.G.A is taken on record.

As per the compliance affidavit, the first informant has been informed about the present case. None appeared for private opposite party no. 2.

Sri Sushil Kumar Pandey, learned counsel for the applicant and learned A.G.A. for the State are present.

The present application under Section 528 BNSS has been filed to quash the order dated 12.03.2025 passed by Special Judge (S.C./S.T. Act), Muzaffarnagar in Special Case No. 147 of 2019 (State vs. Anna @ Nirbhay & others) arising out of Case Crime No. 431 of 2019, under Sections 323, 504, 506 of I.P.C. and Sections 3(1) Da, 3(1) Dha of S.C./S.T. Act, P.S. Charthawal, District Muzaffarnagar, whereby non bailable warrant has been issued against the applicants.

Learned counsel for the applicant submits that applicant was on bail at the time of issuance of N.B.W. 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. It is further submitted that the impugned order has been passed without considering the position of law. It is settled position of law that N.B.W. should issued as a last resort after the litigant fails to respond the notices/summons and bailable warrant. It is further submitted that non-bailable warrant has been issued without issuing any summon and bailable warrant.

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 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 :- 5.6.2025

PS