Disposed

Rajendra Kumar Singh v. State of U.P. and Another

Allahabad HC12 Sept 2024A482/30792/2024

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C. to quash orders issuing a non-bailable warrant, the High Court disposed of the petition by directing execution of the warrant to remain in abeyance for three weeks or until the applicant appears, with bail to be considered based on Supreme Court precedents.

What did the court decide?

Execution of non-bailable warrant kept in abeyance for three weeks or until applicant appears; bail application to be decided based on Supreme Court precedents.

Rajendra Kumar Singh vs State of U.P. and… — Civil Procedure and Limitation | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC:154069

¶2

Court No. - 78

¶3

Case :- APPLICATION U/S 482 No. - 30792 of 2024

¶4

Applicant :- Rajendra Kumar Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kumar Abhay Singh,Kumar Vinay Singh

¶5

Counsel for Opposite Party :- G.A.

¶6

Hon'ble Sanjay Kumar Pachori,J.

¶7

Supplementary affidavit filed today by learned counsel for the applicant is taken on record.

¶8

Sri Kumar Vinay Singh, learned counsel for the applicant and Sri Chhavi Pal Singh, learned A.G.A. for the State are present.

¶9

The present application under Section 482 of the Code of Criminal Procedure, 1973 has been filed to quash the orders dated 4.1.2003 and 3.4.2024 passed by Civil Judge (Senior Division)/Fast Track Court, Ghazipur in case No. 123 of 1994 (State Vs. Balwant Singh and others) arising out of case crime No. 7 of 1993, under Sections 392, 411, I.P.C., Police Station Shadiyabad, District Ghazipur, whereby Non Bailable Warrant has been issued and proceedings under Section 82, Cr.P.C. have been initiated against the applicant.

¶10

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 and without issuing any summon or bailable warrant, direct N.B.W. has been issued.

¶11

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.

¶12

Learned A.G.A. has opposed the application.

¶13

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

¶14

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.

¶15

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.

¶16

Order Date :- 21.9.2024 T. Sinha

¶17

Digitally signed by :- TRIPTI SINHA High Court of Judicature at Allahabad

Rajendra Kumar Singh v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Rajendra Kumar Singh v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Jasvir vs State of Up and Another

Vinay Kumar Alias Vijay and Another vs State of U.P. and Another

Smt Sheela Devi vs State of Up and Another

Jagdish @ Jaggi vs State of U.P. and 5 Others

Smt Preeti and Another vs State of U.P. and Another

Krishna Kumar Mishra vs State of U.P. and Another