The Allahabad High Court disposed of an application under Section 482 Cr.P.C. relating to a non-bailable warrant, directing its execution to be stayed for three weeks while the applicant seeks bail.
Execution of non-bailable warrant kept in abeyance for three weeks; liberty to apply for bail/recall of warrant based on specific Supreme Court judgments.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2024:AHC:150938
Court No. - 78
Case :- APPLICATION U/S 482 No. - 29352 of 2024
Applicant :- Chhotu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kailash Prasad Pandey Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Pachori,J.
Sri Kailash Prasad Pandey, learned counsel for the applicant and Sri Jai Prakah Rai, 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 29.09.2018 passed by Additional Chief Judicial Magistrate, II, Mathura in Case No. 1213/IX/2015 (State Vs. Amit Kumar & Others), under Section 399, 402 of I.P.C. Police Station- Baldev, District Mathura, whereby non-bailable warrant has been issued against the applicant.
Learned counsel for the applicant submits that applicant was granted bail by the trial court during the course of investigation. It is further submitted that the impugned order has been passed without satisfying itself that the summon and other process for attendance has been served and without issuing any summon or bailable warrant direct NBW 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.
Learned A.G.A. has 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 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 (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 appear before the court below, whichever is earlier, execution of non bailable warrant against applicant shall be kept in abeyance.
Order Date :- 17.9.2024 Ishan
Digitally signed by :- ISHAN JAISWAL High Court of Judicature at Allahabad
2 issues framed by the court
Whether the application under Section 482 Cr.P.C. to quash the order issuing a non-bailable warrant should be allowed.
Whether the non-bailable warrant should be executed during the pendency of the bail application.
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 Pradesh & AnotherReferred¶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
Chhotu
State of U.P.
Sanjay Kumar Pachori
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
