This court disposed of an application under Section 482 Cr.P.C. to quash an order for issuing a non-bailable warrant, directing that execution be kept in abeyance for three weeks pending the applicant's appearance for bail.
Execution of non-bailable warrant kept in abeyance for three weeks; applicant directed to appear for bail application.
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:157603
Court No. - 78
Case :- APPLICATION U/S 482 No. - 32649 of 2024
Applicant :- Navneet Singh @ Mintu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjay Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Pachori,J.
Sri Sanjay Kumar Mishra, learned counsel for the applicant and Sri Alok Mishra, 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 3.2.2023 passed by Additional Sessions Judge (Rape & POCSO Act) Court No. 9, Jhansi in Special Case no. 61 of 2019 (State Vs. Navneet @ Mintu) under Sections 376, 377, 328, 506, I.P.C., Section 67/67-A of Information Technology Act and Section 4/6 of Indecent Representation of Women (Prohibition) Act, 1986, Police Station Nawabad, District Jhansi, whereby N.B.W. 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 and without issuing any summon or bailable warrant, direct N.B.W. 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 appears before the court below, whichever is earlier, execution of non bailable warrant against applicant shall be kept in abeyance.
Order Date :- 26.9.2024 T. Sinha
Digitally signed by :- TRIPTI SINHA High Court of Judicature at Allahabad
1 issue framed by the court
Whether to dispose of the application to quash the order issuing non-bailable warrant and keep its execution in abeyance.
Colour shows how this judgement treated each authority
Satender Kumar Antil Vs. Central Bureau of Investigation & AnotherReferred¶11
(2021) 10 SCC 773 · Who else cites this
Siddharth Vs. The State of Uttar Pradesh & AnotherReferred¶11
2022 (11) SCC 676 · Who else cites this
Aman Preet Singh Vs. C.B.I. through DirectorReferred¶11
2021 SCC Online SC 941 · Who else cites this
1 provisions across 1 enactments
Navneet Singh @ Mintu
State of U.P
Sanjay Kumar Pachori
Tripti Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
