Disposed

Jitendra Singh v. State of U.P.

Allahabad HC3 Dec 2024A482/20234/2024

Case brief

AI extract

What is this about?

Single judge disposed of an application under Section 482 Cr.P.C. challenging a lower court order. The court stayed the execution of the non-bailable warrant for four weeks pending bail application based on Supreme Court precedents.

What did the court decide?

Execution of non-bailable warrant kept in abeyance for four weeks; applicant directed to apply for bail/recall within four weeks.

Jitendra Singh vs State of U.P. — Criminal Trial and Appeal | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:196284

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Court No. - 77

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Case :- APPLICATION U/S 482 No. - 20234 of 2024

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Applicant :- Jitendra Singh Opposite Party :- State of U.P. Counsel for Applicant :- Krishna Dutt Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Pachori,J.

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Sri Krishna Dutt Tiwari, learned counsel for the applicant and Sri Tej Bhan 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 16.8.2023 passed by Chief Judicial Magistrate, Rampur in case no. 94 of 2018, arising out of case crime No. 985 of 2018, under Sections 420, 406, I.P.C., Police Station Civil Lines, District Rampur, whereby Non Bailable Warrant has been issued against the applicant.

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Learned counsel for the applicant does not want to file Amendment Application.

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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 and without issuing any summon or bailable warrant, direct N.B.W. has been issued.

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Learned counsel for the applicant 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 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 four 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.

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The State of Uttar Pradesh & Another 2022 (11) SCC 676 and Aman Preet Singh Vs. C.B.I. through Director 2021 SCC Online SC 941.

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For a period of four weeks from today or till applicant appears 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 :- 16.12.2024 T. Sinha

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Digitally signed by :- TRIPTI SINHA High Court of Judicature at Allahabad

Jitendra Singh v. State of U.P.

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Jitendra Singh v. State of U.P.

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