Disposed

Km Rashmi and 4 Others v. State of U.P. and Another

Allahabad HC8 Aug 2024A482/25970/2024

Case brief

AI extract

What is this about?

This application u/s 482 Cr.P.C. sought to quash an order issuing a non-bailable warrant without prior summons. The court kept the warrant's execution in abeyance for three weeks to allow applicants to apply for bail or recall. The application was disposed of by directing consideration of the remarks in specified Supreme Court judgments.

What did the court decide?

Execution of non-bailable warrant kept in abeyance for three weeks or till appearance; applicants to seek bail/recall before lower court.

Km Rashmi and 4 Others vs State of U.P. and… — Criminal Trial and Appeal | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:143320

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Court No. - 78

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Case :- APPLICATION U/S 482 No. - 25970 of 2024

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Applicant :- Km Rashmi And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vivek Singh Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Pachori,J.

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Supplementary affidavit filed today is taken on record.

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Sri Vivek Singh, learned counsel for the applicants and Sri Alok Kumar Mishra, 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 06.09.2023 passed by Judicial Magistrate II, Muzaffarnagar in Case No. 2849 of 2016 (State vs. Teenu & others), arising out of Case Crime No. 128 of 2016, under Section 147, 323, 336 I.P.C., P. S. Jansath, District Muzaffarnagar, pending in the court of Judicial Magistrate II, Muzaffarnager, whereby NBW has been issued against the applicants.

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Learned counsel for the applicants 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 applicants and perusing record, the instant application u/s 482 Cr.P.C. is finally disposed of with a direction that in case applicants appear before the court below within three weeks from today and apply for bail/recall of non bailable warrant, their application shall be decided in the light of the observations made in the judgments rendered by the Supreme Court in Satender Kumar Antil Vs.

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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 applicants appear before the court below, whichever is earlier, execution of non bailable warrant against applicants shall be kept in abeyance.

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Order Date :- 4.9.2024 MAA/-

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

Km Rashmi and 4 Others v. State of U.P. and Another

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Km Rashmi and 4 Others v. State of U.P. and Another

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