The court disposed of an application under Section 482 CrPC seeking to quash a non-bailable warrant. The applicant sought to withdraw the quashing application with liberty to file a regular bail application, which was permitted.
Application disposed of with liberty to file a regular bail application before the court of competent jurisdiction.
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Neutral Citation No. - 2025:AHC:9370
Court No. - 75
Case :- APPLICATION U/S 482 No. - 1523 of 2025
Applicant :- Sandeep Dubey Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajeet Singh,Sandeep Kumar Keshari Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Pachori,J.
Sri Sandeep Kumar Keshari, learned counsel for the applicant and learned A.G.A. for the State and perused the material on record.
The present application under Section 482 of the Code of Criminal Procedure, 1973 has been filed to quash the order dated 3.11.2022 passed by A.C.J.M., Court No. 8, Varanasi, in Case No. 669 of 2019 (State vs. Sandeep), arising out of Case Crime No. 323 of 2018, under Sections 419, 420 of I.P.C., Police Station- Mirzamurad, District- Varanasi, whereby non bailable warrant has been issued.
Learned counsel for the applicant submits that applicant was not arrested during the course of investigation and the charge-sheet has been submitted against him. It is further submitted that the offence is punishable up to 7 years imprisonment.
After some arguments, learned counsel for the applicant wants to withdraw the application with liberty to file a regular bail application before the court of competent jurisdiction.
In case bail application is filed by the learned counsel for the applicant, the same 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.
The application stands disposed of with the aforesaid liberty.
Order Date :- 20.1.2025 A.P. Pandey
Digitally signed by :- ANAND PRAKASH PANDEY High Court of Judicature at Allahabad
3 issues framed by the court
Whether to quash the order passing a non-bailable warrant under Section 482 CrPC.
Whether to grant liberty to the applicant to file a regular bail application.
Whether the withdrawal of the quashing application can be allowed.
Colour shows how this judgement treated each authority
1 provisions across 1 enactments
Sandeep Dubey
Sanjay Kumar Pachori
As recorded by the court registry
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