Disposed

Smt. Asha Devi and 2 Others v. State of U.P. and Another

Allahabad HC30 Aug 2024A482/27679/2024

Case brief

AI extract

What is this about?

In an application u/s 482 Cr.P.C., the court dismissed the plea for two applicants as not pressed. Regarding the remaining applicant, whose non-bailable warrant was issued without summons, the court kept execution in abeyance for three weeks or until appearance, directing future bail application under recent Supreme Court judgments.

What did the court decide?

Execution of non-bailable warrant against applicant no. 1 kept in abeyance for three weeks or until appearance.

Smt. Asha Devi and 2 Others vs State of… — Civil Procedure and Limitation | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:145857

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Court No. - 78

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Case :- APPLICATION U/S 482 No. - 27679 of 2024

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Applicant :- Smt. Asha Devi And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vipin Kumar Dwivedi Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Pachori,J.

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Sri Vipin Kumar Dwivedi, learned counsel for the applicants and Sri Karunakar 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 10.04.2024 passed by Chief Judicial Magistrate, Siddharth Nagar in Case No. 576 of 2018 (Sanjay vs. Surya Lal & others), under Sections 120-B, 406, 419, 420, 506 IPC whereby Non-Bailable Warrant has been issued against applicant no. 1 and bailable warrant has been issued against applicant nos. 2 and 3 without assigning any reason or serving any summon.

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Learned counsel for the applicants submits that he does not want to press this application for applicant nos. 2 and 3 against whom Non-Bailable Warrant has been issued.

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Accordingly, this application is dismissed for applicant nos. 2 and 3 as not pressed.

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Learned counsel for the applicants submits that by the impugned order Non-Bailable Warrant has been issued against the applicant no.1 without serving any summon after releasing on bail.

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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.

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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 applicant no. 1 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 no. 1 appears before the court below, whichever is earlier, execution of non bailable warrant against applicant no.1 shall be kept in abeyance.

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Order Date :- 6.9.2024 MAA/-

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

Smt. Asha Devi and 2 Others v. State of U.P. and Another

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Smt. Asha Devi and 2 Others v. State of U.P. and Another

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