C528/1863/2025
2025 Latest Caselaw 4998 UK

Uttarakhand High Court

C528/1863/2025 on 17 October, 2025

Author: Pankaj Purohit

Bench: Pankaj Purohit

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                                   C528 No.1863 of 2025
                                   Hon'ble Pankaj Purohit, J.

Mr. Aditya Pratap Singh, learned counsel for the applicants.

2. Present C528 application has been filed by the applicant to quash the order dated 18.08.2025 passed by learned Additional CJM, Roorkee, District Haridwar in Case No.640 of 2022 (Computer Case No.990 of 2022), Rahul Kumar v. Yogesh Tyagi u/s 420 IPC, whereby non- bailable warrant was issued against the applicant.

3. An innocuous prayer has been made by the applicant in C528 application for deciding the application moved by the applicant before the trial Court in light of the judgment of the Apex Court in the case of 'Satender Kumar Antil v. Central Bureau of Investigation and another' reported in (2021) 10 SCC 773.

4. It is contended by learned counsel for the applicant that the aforesaid complaint has been filed against him but since the address in the complaint was wrong, applicant could not put in appearance before the learned trial Court and consequently, NBW has been issued against him vide order dated 18.08.2025. It is contended by learned counsel for the applicant on the basis of Satender Kumar Antil (Supra) that if his case falls in Category 'A(d)' of the said judgment, NBW may be cancelled and converted into a bailable warrant/summons without insisting physical appearance of the accused, if such an application is moved on behalf of the accused, before executing of the NBW, on an undertaking of the accused to appear physically on the next date(s) of hearing.

5. It is contended by learned Counsel for the applicant that as yet, NBW has not been executed upon him.

6. Heard. Perused the judgment of Satender Kumar Antil (Supra) particularly Category 'A(d)'. This Court finds substance in the submission of learned counsel for the applicant.

7. Accordingly, C528 application is allowed. The applicant may move an application before the trial Court on or before 30.10.2025 which is the next date fixed, for withdrawing the NBW issued vide order dated 18.08.2025. If such an application is moved by the applicant, the same would be dealt with by learned Magistrate in view of the aforesaid judgment of the Apex Court in the case of Satender Kumar Antil (Supra) particularly Category A(d) of the said judgment.

(Pankaj Purohit, J.) 17.10.2025 R.Dang