Jitendra Kumar Bhartiya vs State Of U.P. And Another
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Allahabad High Court

Jitendra Kumar Bhartiya vs State Of U.P. And Another on 4 June, 2025

Author: Sanjay Kumar Pachori

Bench: Sanjay Kumar Pachori

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2025:AHC:95247
 
Court No. - 50
 

 
Case :- APPLICATION U/S 482 No. - 41121 of 2024
 

 
Applicant :- Jitendra Kumar Bhartiya
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Govind Prasad Pal,Mayuri Mehrotra
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sanjay Kumar Pachori,J.
 

Ms. Mayuri Mehrotra, learned counsel for the applicant and learned A.G.A. for the State are present.

The present application under Section 482 of the Code of Criminal Procedure, 1973 has been filed to quash the order dated 03.03.2020 passed by learned Additional Chief Judicial Magistrate, Court No.17, Allahabad in Complaint Case No. 2584 of 2017 (Prem Chandra Bhartiya Vs. Jitendra Kumar Bhartiya), under Sections 504, 506, 493 I.P.C., Police Station Sarai Inayat, District Allahabad, whereby non-bailable warrants has been issued.

Learned counsel for the applicant submits that applicant was granted bail by the trial court on 25.09.2019. 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 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. It is further submitted that order of the non-bailable warrants has been passed without satisfying the service of summons or bailable warrants.

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 :- 4.6.2025

AS