Application under Section 482 Cr.P.C. to quash a non-bailable warrant issued for non-appearance in a case under IPC Sections 406-471. Court disposed it with directions to appear and apply for bail/recall of NBW within three weeks, NBW execution kept in abeyance meanwhile.
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Court No. - 77
Case :- APPLICATION U/S 482 No. - 31578 of 2024
Applicant :- Prakash Chandra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashutosh Pandey Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Pachori,J.
Sri Aushutosh Pandey, learned counsel for the applicant and Sri Rahul Pandey, learned brief holder 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 07.06.2023 passed by Additional Chief Judicial MagistrateIInd,Agra in Case No. 1176 of 2017 (State of U.P. vs. Praklash Chandra and others), arising out of Case Crime No. 26 of 2016, under Sections 406, 419, 420, 467, 468, 471 IPC, P.S. Chatta, District Agra, whereby NBW has been issued against the applicant.
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.
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 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 (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 appears before the court below, whichever is earlier, execution of non bailable warrant against applicant shall be kept in abeyance.
Order Date :- 24.10.2024 MAA/-
Digitally signed by :- MOHAMMAD AZAD ANSARI High Court of Judicature at Allahabad
1 issue framed by the court
Whether the non-bailable warrant issued against the applicant should be quashed on the ground that summons and bailable warrants were never served.
Colour shows how this judgement treated each authority
Satender Kumar Antil Vs. Central Bureau of Investigation & AnotherRelied on¶10
(2021) 10 SCC 773 · Who else cites this
Siddharth Vs. The State of Uttar Pradesh & AnotherRelied on¶10
2022 (11) SCC 676 · Who else cites this
Aman Preet Singh Vs. C.B.I. through DirectorRelied on¶10
2021 SCC Online SC 941 · Who else cites this
2 provisions across 2 enactments
Prakash Chandra
State of U.P.
Another
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
