Smt. Jiyana Devi And Another vs State Of U.P. And Another
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Allahabad High Court

Smt. Jiyana Devi And Another vs State Of U.P. And Another on 1 May, 2025

Author: Sanjay Kumar Pachori

Bench: Sanjay Kumar Pachori

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2025:AHC:69741
 
Court No. - 72
 

 
Case :- APPLICATION U/S 528 BNSS No. - 15107 of 2025
 

 
Applicant :- Smt. Jiyana Devi And Another
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Mohd. Ayub,Umesh Chandra Vishwakarma
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sanjay Kumar Pachori,J.
 

Sri Umesh Chandra Vishwakarma, learned counsel for the applicants and Sri Karunakar Singh, learned A.G.A. for the State are present.

The present application under Section 528 of B.N.S.S. has been filed to quash the order dated 3.11.2022 passed in Case No. 1150 of 2019 (State vs. Shailesh Kumar and another) arising out of Case Crime No. 730 of 2010, under Sections 323, 325, 504 of I.P.C., P.S. Sikrara, District Jaunpur, whereby non bailable warrant has been issued against the applicant.

Learned counsel for the applicant submits that applicant was on bail at the time of issuing 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. as well as learned counsel for the opposite party No. 2 have opposed the application.

Considering submissions of learned counsel and perusing record, the instant application u/s 528 of B.N.S.S. is finally disposed of with a direction that in case applicants appear 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 applicants appear before the court below, whichever is earlier, execution of non bailable warrant against the applicants shall be kept in abeyance.

Order Date :- 1.5.2025

A.P. Pandey