Ganesh Kumar Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Ganesh Kumar Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application finally disposed of with direction: on the applicant's appearance before the court below within three weeks and application for bail/recall of the non-bailable warrant, the same to be decided in light of the observations in Satender Kumar Antil (2021) 10 SCC 773, Siddharth 2022 (11) SCC 676 and Aman Preet Singh 2021 SCC Online SC 941; execution of the non-bailable warrant kept in abeyance for three weeks or till appearance, whichever is earlier

Issue for consideration

Whether the Section 482 Cr.P.C. application of the applicant seeking quashing of the Judicial Magistrate, Varanasi's order dated 4.12.2014 issuing non-bailable warrants in Case Crime No. 425 of 2007 should be granted +1 more

Court's answer

The instant application u/s 482 Cr.P.C. is finally disposed of with a direction that if the applicant appears before the court below within three weeks and applies for bail/recall of the non-bailable warrant, his application shall be decided in the light of the observations made in the Supreme Court judgments in Satender Kumar Antil, Siddharth and Aman Preet Singh

Ratio / Principle

Execution of the non-bailable warrant against the applicant shall be kept in abeyance for three weeks from the date of the order or till the applicant appears before the court below, whichever is earlier

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Sanjay Kumar Pachori, J.; order dated 17.3.2025) disposed of Application U/S 482 No. 32527 of 2024 filed by Ganesh Kumar seeking quashing of the Judicial Magistrate, Varanasi's order dated 4.12.2014 in Case Crime No. 425 of 2007 (under Sections 467, 468, 419, 420, 41, 411, 414 of IPC) whereby non-bailable warrants had been issued against him. Counsel had contended the warrant issued without satisfaction of service of summons or bailable warrant and while the applicant was on bail. Without deciding that question on the merits, the court directed that if the applicant appears before the court below within three weeks and applies for bail/recall of the non-bailable warrant, his application shall be decided in the light of the observations in Satender Kumar Antil v. CBI (2021) 10 SCC 773, Siddharth v. State of U.P. 2022 (11) SCC 676 and Aman Preet Singh v. CBI 2021 SCC Online SC 941; execution of the non-bailable warrant was meanwhile kept in abeyance for three weeks or till the applicant's appearance, whichever is earlier.

Neutral Citation No. - 2025:AHC:37620

Court No. - 72

Case :- APPLICATION U/S 482 No. - 32527 of 2024

Applicant :- Ganesh Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pooja Counsel for Opposite Party :- G.A.

Hon'ble Sanjay Kumar Pachori,J.

Heard Ms. Pooja, learned counsel for the applicant and Sri Chhavipal Singh, learned A.G.A. for the State.

The present application under Section 482 of the Code of Criminal Procedure, 1973 has been filed to quash the order dated 4.12.2014 passed by the Judicial Magistrate, Varanasi, in Case Crime No. 425 of 2007, under Sections 467, 468, 419, 420, 41, 411, 414 of IPC, whereby the non-bailable warrants has been issued

Learned counsel for the applicant submits that the impugned order has been passed by the court 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. It is further submitted that applicant was on bail at the time of issuing non-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. It is further submitted that order of the non-bailable warrant has been passed on 4.12.2014 without satisfying the service of summons or bailable warrants itself and reason to believe from absconding the process of the court.

Learned A.G.A. as well as learned counsel for the opposite party No. 2 have 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 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 the applicant shall be kept in abeyance.

Order Date :- 17.3.2025 Akram

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