Disposed

Raghvendra v. State of U.P. and Another

Allahabad HC5 Jul 2024A482/19097/2024

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C. to quash an order issuing a non-bailable warrant, the court disposed of the matter by staying the execution of the warrant for three weeks, directing the applicant to seek bail or recall of the warrant and decide in light of cited Supreme Court judgments.

What did the court decide?

Execution of non-bailable warrant kept in abeyance for three weeks or until applicant appears before court below to apply for bail/recall.

Raghvendra vs State of U.P. and Another — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:189451

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Court No. - 77

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Case :- APPLICATION U/S 482 No. - 19097 of 2024

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Applicant :- Raghvendra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Devi Dayal Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Pachori,J.

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Sri Devi Dayal, learned counsel for the applicant and Sri R.K. Singh, learned A.G.A. for the State are present.

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The present application under Section 482 of the Code of Criminal Procedure, 1973 has been filed to quash the order dated 20.06.2019 passed by Additional Sessions Judge-IIIrd, Mathura in Session Trial No. 439 of 2019 (State vs. Lokendra and 3 others), arising out of Case Crime No. 178 of 2019, under Section 307 IPC, P.S. Chhata, District Mathura, whereby NBW has been issued against the applicant.

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Learned counsel for the applicant submits 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 non-bailable warrant has been issued without issuing any summon and bailable warrant.

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Learned counsel for the applicants further submitted that the impugned order has been passed without considering the facts and circumstances of the case and law provided in this regard.

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Learned A.G.A. has opposed the application.

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Considering submissions of learned counsel for the applicant 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 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

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Director 2021 SCC Online SC 941 .

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For a period of three weeks from today or till applicant appear before the court below, whichever is earlier, execution of non bailable warrant against applicant shall be kept in abeyance.

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Order Date :- 3.12.2024 MAA/-

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Digitally signed by :- MOHAMMAD AZAD ANSARI High Court of Judicature at Allahabad

Raghvendra v. State of U.P. and Another

Case brief

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Raghvendra v. State of U.P. and Another

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