On 12.4.2023, the High Court of Judicature at Allahabad refused to quash a non-bailable warrant, holding no substantive challenge to proceedings existed. It directed bail consideration upon surrender within 15 days.
Prayer for quashing the non-bailable warrant refused; 15 days granted for surrender for bail consideration.
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Court No. - 64
Case :- APPLICATION U/S 482 No. - 11874 of 2023
Applicant :- Rajeev Gupta Opposite Party :- State of U.P. and Another Counsel for Applicant :- Preet Pal Singh Rathore,Ashok Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
The applicant has come up seeking to quash the Non-Bailable Warrant Dated 4.8.2021 issued by the A.D.J. Court No.43, Shahjahanpur in S.T. No.199A of 2015, State vs. Sachin Gupta and others (arising out of Case Crime No. 912 of 2014), under Sections 302, 504/34 I.P.C., Police Station Tilahar, District Shahjahanpur.
Upon hearing learned Counsel for the applicants and the learned A.G.A., this Court finds that there being no substantive challenge to the proceedings, this Court cannot interfere with a mere process, which the non-bailable warrant is. The applicant does not question any proceedings where his rights may be involved.
The prayer for quashing the non-bailable warrant is, therefore, refused .
However, in case the applicant surrenders within 15 days of date and applies for bail, his prayer shall be considered by the Magistrate expeditiously, in accordance with law.
The application stands disposed of in terms of the orders aforesaid.
Order Date :- 21.4.2023
Deepak
Digitally signed by :- DEEPAK KUMAR PANDEY High Court of Judicature at Allahabad
Rajeev Gupta
State of U.P.
Munir, J.
Deepak Kumar Pandey
As recorded by the court registry
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