Dismissed

Sanjay Upadhyay v. State of U.P. and Another

Allahabad HC11 Nov 2022A227/9190/2022

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition under Article 227 challenging an order issuing a non-bailable warrant. The court found no merit in the claim regarding non-service of summons as the petitioner had been protected from arrest only until the charge-sheet was submitted seven years prior. The court granted liberty to apply for bail.

What did the court decide?

Petition dismissed; liberty to apply for bail within one month; stay on execution of warrant until bail application is disposed of.

Sanjay Upadhyay Vs State of U.P. and Another — Bail and Remand | Allahabad HC (2022)

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Court No. - 91

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Case :- MATTERS UNDER ARTICLE 227 No. - 9190 of 2022

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Petitioner :- Sanjay Upadhyay Respondent :- State of U.P. and Another Counsel for Petitioner :- Vikash Pandey Counsel for Respondent :- G.A.

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Hon'ble Mrs. Jyotsna Sharma,J.

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Heard Sri Ajay Sengar, Advocate holding brief of Sri Vikash Pandey, learned counsel for the petitioner and learned A.G.A. for the State.

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This petition under Article 227 of the Constitution of India has been presented for two reliefs:-

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(i) that the order dated 21.01.2016 and its consequential orders be setaside.

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(ii) issue an order or direction to the Special Judge (Gangster Act), Gorakhpur to pass a fresh order in respect of Sessions Trial No.016 of 2011, under section- 3(1) of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986.

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The submission on behalf of the petitioner is that a charge-sheet was submitted against him on 25.12.2010 and he was summoned after taking cognizance of the case. He did not receive any summons or bailable warrants till now. An order for issuing non-bailable warrant was passed against him on 21.01.2016. He received the information about such order only on 15.09.2022 when he visited the town and not before that. Legally, the court cannot issue warrants unless summons have been returned as served.

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I perused the papers on record in the light of contentions of the petitioner. It appears that in an earlier Writ Petition No.10257 of 2010, the petitioner was protected from arrest till submission of charge-sheet by an order dated 15.06.2010. Undisputedly, charge-sheet has been submitted and the petitioner is no more protected from arrest. The petitioner has placed before this Court a copy of order-sheet, which indicated that the order issuing non-bailable warrant is continuing since last seven years. Whether the summons were served on him or not is a question of fact, which cannot be decided without going through the whole record. Besides this, it may be noted that this is not the stage to touch upon this point whether the Court, before ordering for issue of non-bailable warrant, verified the fact of service of summons on the accused-petitioner or not. But

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this fact is very conspicuous that the petitioner was protected from arrest only till submission of charge-sheet and at least 12 years have gone since submission of charge-sheet. Hence, I do not find any merit in the petition to exercise the powers under Article 227 of the Constitution of India.

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Accordingly, the petition is dismissed .

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However, the petitioner is given liberty to appear before the court concerned and to file application for bail strictly within one month from today. In case, the bail application is filed before the court concerned, the same shall be decided as per law. Till then, no coercive action shall be taken against him. The execution of warrant, if any, shall remain stayed.

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The concerned Section of the Registry is directed to communicate this order to the court concerned by urgent means of communication at the earliest.

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Order Date :- 11.11.2022 Saif

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Digitally signed by SHAIKH SAIF ABDIN Date: 2022.11.16 17:39:07 IST Reason: Location: High Court of Judicature at Allahabad

Sanjay Upadhyay v. State of U.P. and Another

Case brief

What is this about?

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Sanjay Upadhyay v. State of U.P. and Another

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