Section 482 CrPC application challenging issuance of a non-bailable warrant against the applicant in a 2014 FIR case. Court disposed of the application directing appearance within three weeks, bail/recall per Supreme Court guidance, with NBW execution kept in abeyance meanwhile.
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Neutral Citation No. - 2024:AHC:174501
Court No. - 77
Case :- APPLICATION U/S 482 No. - 21484 of 2024
Applicant :- Manoj Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dr. Akhilesh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Pachori,J.
Supplementary affidavit filed today by learned counsel for the applicant is taken on record.
Dr. Akhilesh Kumar, learned counsel for the applicant and Sri Tej Bhan Singh, learned A.G.A. for the State are present.
The present application under Section 482 of the Code of Criminal Procedure, 1973 has been filed to quash the order dated 19.5.2022 passed by Chief Judicial Magistrate, Fatehpur in case no. 2883 of 2015, arising out of case crime No. 188 of 2014, under Sections 279, 338, 427, I.P.C., whereby N.B.W. has been issued against the applicant.
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.
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.
Learned A.G.A. has opposed the application.
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 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 Director 2021 SCC Online SC 941.
For a period of three 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.
Order Date :- 7.11.2024 T. Sinha
Digitally signed by :- TRIPTI SINHA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the NBW issued without prior summon or bailable warrant should be quashed and how the applicant's bail/recall application should be handled.
Colour shows how this judgement treated each authority
Satender Kumar Antil Vs. Central Bureau of Investigation & AnotherRelied on
(2021) 10 SCC 773 · Who else cites this
Siddharth Vs. The State of Uttar Pradesh & AnotherRelied on
2022 (11) SCC 676 · Who else cites this
Aman Preet Singh Vs. C.B.I. through DirectorRelied on
2021 SCC Online SC 941 · Who else cites this
2 provisions across 2 enactments
Manoj Kumar
State of U.P.
Another
Sanjay Kumar Pachori
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
