Disposed

Rukum Singh Alias Nikki Singh v. State of U.P. and Another

Allahabad HC7 Nov 2024A482/28475/2024

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AI extract

What is this about?

The High Court disposed of an application seeking quashal of an order allowing NBW. The court directed execution of the warrant be stayed for three weeks or until the applicant applies for bail/recall before the trial court, referencing recent Supreme Court precedents.

What did the court decide?

Execution of non-bailable warrant stayed for three weeks or until applicant appears before the trial court to seek bail or recall.

Rukum Singh Alias Nikki Singh vs State of… — Civil Procedure and Limitation | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:175183

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Court No. - 77

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Case :- APPLICATION U/S 482 No. - 28475 of 2024

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Applicant :- Rukum Singh Alias Nikki Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manoj Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Pachori,J.

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Sri Manoj Kumar, learned counsel for the applicant and Sri Ashwani Kumar Rai, 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 21.03.2022 passed by Additional Sessions Judge/Fast Track Court VI, Gorakphpur in Session Trial No. 475 of 2015 (State vs. Rukum Singh @ Nikki and others) arising out Case Crime No. 354 of 2015, under Sections 420, 467, 342, 364A IPC, P.S. Khorabar, District Gorakhpur, whereby NBW has been issued against the applicant.

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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. 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 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 for the applicant 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

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(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.

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Order Date :- 7.11.2024 MAA/-

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

Rukum Singh Alias Nikki Singh v. State of U.P. and Another

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Rukum Singh Alias Nikki Singh v. State of U.P. and Another

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