Udayveer And 2 Others vs State Of U.P. And Another
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Allahabad High Court

Udayveer And 2 Others 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:94970
 
Court No. - 50
 

 
Case :- APPLICATION U/S 482 No. - 36316 of 2024
 

 
Applicant :- Udayveer And 2 Others
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Arvind Kumar Tiwari
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sanjay Kumar Pachori,J.
 

Sri Arvind Kumar Tiwari, learned counsel for the applicants and Sri Karunakar Singh, learned A.G.A. for the State are present.

The present application under Section 482, Cr.P.C. has been filed to quash the order dated 15.11.2021 passed by Additional Chief Judicial Magistrate, Court No. 1, Gautam Buddh Nagar in complaint case No. 392 of 2013 (Sheoraj Vs. Udayveer and others), arising out of case crime No. 479 of 2009, under Sections 323, 506, I.P.C., Police Station Dadri, District Gautam Buddh Nagar, whereby Non Bailable Warrant has been issued against the applicants.

Learned counsel for the applicants submits that the applicants were on bail at the time of issuing of Non-Bailable Warrant. 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 be 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 under Section 482, Cr.P.C. is finally disposed of with a direction that in case applicants appear before the court below within three weeks from today and apply for bail/recall of non bailable warrant, their 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 applicants appear before the court below, whichever is earlier, execution of non bailable warrant against applicants shall be kept in abeyance.

Order Date :- 4.6.2025

T. Sinha