The High Court disposed of an application to quash the summoning order and non-bailable warrant by directing the applicant to appear, surrender, and apply for bail within 15 days for expeditious hearing below.
Applicant to appear, surrender and apply for bail within 15 days; operation of N.B.W. kept in abeyance.
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Court No. - 87
Case :- APPLICATION U/S 482 No. - 16490 of 2022
Applicant :- Ishwar Alias Ishwardin Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shri Prakash,Kamlesh Kumar Saroj Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash Tripathi,J.
Heard learned counsel for the applicant and learned A. G. A. for the State.
This application under Section 482 Cr.P.C. has been filed by applicant to quash the summoning order dated 29.11.2018 as well as NBW dated 02.12.2021 issued by A.C.J.M., Room No. 17, Allahabad and entire proceeding of Case No. 1618 of 2016 (Syam Shankar Singh Vs. Ishwar), under Sections 419, 420 I.P.C., P.S.- Soraon, District- Allahabad, pending before the court of Judicial Magistrate -Ist, Allahabad.
Learned counsel for the applicant contended that it is a complaint case and no prima facie case is made out against the applicant. The applicant has not executed any sale deed.
At this stage, learned counsel for applicants only submitted that if a direction is issued to the trial court regarding bail, the order in that regard will meet the ends of justice.
The application is, therefore, disposed of with the direction that if the applicant appears and surrenders before the court concerned within 15 days from today and applies for bail, the same shall be heard and disposed of expeditiously by the courts below in view of the settled law laid down in the cases of Satender Kumar Antil Vs. Central Bureau of Investigation and another, (2021) 10 SCC 773 and Brahm Singh and others Vs. State of U.P. and others, 2016 (95) ACC 950.
Only till then, operation of the order dated 02.12.2021 relating to N.B.W. in the aforesaid case, shall be kept in abeyance.
Order Date :- 11.8.2022
Sharad/-
Digitally signed by SHARAD KUMAR SRIVASTAVA Date: 2022.08.11 16:04:07 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether to quash the summoning order and non-bailable warrant issued against the applicant in a complaint case under Sections 419, 420 IPC.
Colour shows how this judgement treated each authority
Satender Kumar Antil vs. Central Bureau of Investigation and anotherReferred¶9
Satender Kumar Antil Vs. Central Bureau of Investigation and another, (2021) 10 SCC 773 · Who else cites this
Brahm Singh and others vs. State of U.P. and othersReferred¶9
Brahm Singh and others Vs. State of U.P. and others, 2016 (95) ACC 950
1 provisions across 1 enactments
Ishwar Alias Ishwardin
State of U.P.
Om Prakash Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
