Disposed

Ajay Dubey v. State of U.P. and Another

Allahabad HC3 Sept 2024A482/29381/2024

Case brief

AI extract

What is this about?

This court disposed of an application under Section 482 CrPC filed to quash an order issuing a non-bailable warrant without prior summons. The High Court directed execution of the warrant to be stayed for three weeks, conditionally pending the applicant's appearance and subsequent bail application.

What did the court decide?

Non bailable warrant execution stayed for three weeks; applicant directed to apply for bail/recall in court below within that period.

Ajay Dubey vs State of U.P. and Another — Criminal Trial and Appeal | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:149660

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Court No. - 78

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Case :- APPLICATION U/S 482 No. - 29381 of 2024

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Applicant :- Ajay Dubey Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dhirendra Bahadur Singh,Rajesh Kumar Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Pachori,J.

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Sri Dhirendra Bahadur Singh, learned counsel for the applicant and Sri Pankaj Kumar Rai, learned brief holder 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 impugned order dated 29.07.2024 passed by Additional Sessions Judge, Court No. 4, Ballia in Session Trial No. 206 of 2010 (State vs. Ajay Dubey & others), arising out of Case Crime No. Nil of 2009, under Section 41, 411, 413, 414, 419, 420, 467, 468, 471 IPC, P.S. Phephana, District Ballia, whereby the Non-Bailable Warrant has been issued and proceedings under Sections 82/83 have been initiated without serving any summons.

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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 apply for bail/recall of non bailable warrant, their application shall be decided in the light of the observations made in the judgments

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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 appears 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 :- 13.9.2024 MAA/-

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

Ajay Dubey v. State of U.P. and Another

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Ajay Dubey v. State of U.P. and Another

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