Disposed

Sajid Ali v. State of Up and Another

Allahabad HC13 Nov 2024A482/24282/2024

Case brief

AI extract

What is this about?

Section 482 CrPC application challenging issuance of a non-bailable warrant without prior summons or bailable warrant. Court disposed of it, directing NBW execution be kept in abeyance for three weeks while the applicant appears and applies for bail/recall, to be decided per Supreme Court precedents.

What did the court decide?

NBW execution kept in abeyance for three weeks or until applicant appears; bail/recall application to be decided per cited Supreme Court judgments.

Sajid Ali vs State of Up and Another — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:177893

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Court No. - 77

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Case :- APPLICATION U/S 482 No. - 24282 of 2024

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Applicant :- Sajid Ali Opposite Party :- State of U.P. and Another Counsel for Applicant :- Awadhesh Kumar Malviya,Nishi Kant Chaturvedi Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Pachori,J.

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Sri Awadhesh Kumar Malviya, learned counsel for the applicant and Sri Pusp Raj Singh, brief holder 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 08.07.2022 and 26.06.2024 passed by Judicial Magistrate, IVth Allahabad in Case No. 3385 of 2011, (State Vs. Sajid Ali), arising out Case Crime No. 50 of 2011, under Sections 420, 467, 468, 471, 218 of I.P.C., Police Station- Phoolpur District Allahabad, whereby non-bailable warrant has been issued against the applicant.

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Learned counsel for the applicant submits that the applicant was released on bail. It is further submitted that the impugned order has been passed without considering the position of law and without satisfying itself that the summon and other process for attendance has been served and without issuing any summon or bailable warrant direct NBW 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 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.

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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. Order Date :- 13.11.2024 Ishan

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Digitally signed by :- ISHAN JAISWAL High Court of Judicature at Allahabad

Sajid Ali v. State of Up and Another

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Sajid Ali v. State of Up and Another

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