Allahabad High Court

Sanjay Kumar Agarwal 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:69715
 
Court No. - 72
 

 
Case :- APPLICATION U/S 528 BNSS No. - 15112 of 2025
 

 
Applicant :- Sanjay Kumar Agarwal
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Ashish Goyal
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Sanjay Kumar Pachori,J.

Sri Ashish Goyal, learned counsel for the applicant and Ms. Saumya Madhya, learned brief holder for the State are present.

The present application under Section 528 of B.N.S.S. has been filed to quash the order dated 10.3.2025 and 15.4.2025 passed by A.C.J.M.-II, Agra, in Case No. 5870 of 2021 (State vs. Sanjay Agarwal), arising out of Case Crime No. 35 of 2021, under Section 406 of I.P.C., P.S. Chhata, District Agra, whereby non bailable warrant has been issued and proceedings under Section 82 of Cr.P.C have been initiated 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 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 :- 1.5.2025

A.P. Pandey