In an application u/s 482 Cr.P.C. to quash an order of non-bailable warrant, the High Court disposed of the matter by directing the stay of the warrant's execution for three weeks awaiting the applicant's appearance and bail application.
Stay of execution of non-bailable warrant for three weeks; direction to appear and apply for bail.
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Neutral Citation No. - 2024:AHC:163575
Court No. - 77
Case :- APPLICATION U/S 482 No. - 26672 of 2024
Applicant :- Atar Singh Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prem Chandra Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Pachori,J.
Sri Prem Chandra Dwivedi, learned counsel for the applicant and 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 2.4.2024 passed in Case No. 727 of 2013, arising out of Case Crime No. 107 of 2011, under Sections 323, 504 of I.P.C., P.S. Iradatnagar, District Agra, whereby non bailable warrant has been issued against the applicants.
Learned counsel for the applicants submits that the impugned order has been passed by the court 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. It is further submitted that order of the non-bailable warrant has been passed on 2.4.2024 without satisfying the service of summons or bailable warrants itself and reason to believe from absconding the process of the court.
Learned A.G.A. as well as learned counsel for the opposite party No. 2 have 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 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. 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 the applicants shall be kept in abeyance.
Order Date :- 15.10.2024 A.P. Pandey
Digitally signed by :- ANAND PRAKASH PANDEY High Court of Judicature at Allahabad
1 issue framed by the court
Whether the High Court can direct the stay of execution of a non-bailable warrant by the trial court pending appearance of the applicant.
Colour shows how this judgement treated each authority
Satender Kumar Antil Vs. Central Bureau of Investigation & AnotherReferred¶11
Satender Kumar Antil Vs. Central Bureau of Investigation & Another, (2021) 10 SCC 773 · Who else cites this
Siddharth Vs. The State of Uttar PradeshReferred¶11
Siddharth Vs. The State of Uttar Pradesh & Another 2022 (11) SCC 676 · Who else cites this
Aman Preet Singh Vs. C.B.I. through DirectorReferred¶11
Aman Preet Singh Vs. C.B.I. through Director 2021 SCC Online SC 941 · Who else cites this
1 provisions across 1 enactments
Atar Singh Another
Sanjay Kumar Pachori
Anand Prakash Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
