Disposed

Mohan Singh and Another v. State of U.P. and Another

Allahabad HC3 Sept 2024A482/29301/2024

Case brief

AI extract

What is this about?

Application under Section 482 Cr.P.C. seeking stay of proceedings and recall of non-bailable warrant issued without service of summons. Warrant execution stayed for three weeks; applicants directed to seek bail recalling warrant in light of Supreme Court precedents.

What did the court decide?

Execution of non-bailable warrant stayed for three weeks or until applicants appear; conditional direction to seek bail recall.

Mohan Singh and Another vs State of U.P. and Another — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:149639

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Court No. - 78

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Case :- APPLICATION U/S 482 No. - 29301 of 2024

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Applicant :- Mohan Singh And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Tej Om Prakash Gupta Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Pachori,J.

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Sri Tej Om Prakash Gupta, learned counsel for the applicants and Sri R.K.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 stay the further proceeding of Complaint Case No. 213 of 2009 (Mukut Singh vs. Mohan Singh and others), under Section 383 PC, P.S. Basai Mohammadpur, District Firozabad, whereby Non-Bailable Warrant has been issued without serving any summon.

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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. 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 :- 13.9.2024 MAA/-

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

Mohan Singh and Another v. State of U.P. and Another

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Mohan Singh and Another v. State of U.P. and Another

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