Disposed¶13

Mohammad Hanif and 3 Others v. State of U.P. and Another

Allahabad HC8 Jan 2025A482/394/2025

Case brief

AI extract

What is this about?

Section 482 CrPC application; quashing of non-bailable warrant order dated 30.01.2020; CJM Maharajganj; Criminal Case No. 1598 of 2013; Case Crime No. 3453 of 2011; Sections 406, 323, 504, 506 IPC; NBW execution kept in abeyance for three weeks; bail/recall to be decided per Satender Kumar Antil (2021) 10 SCC 773, Siddharth (2022) 11 SCC 676, Aman Preet Singh 2021 SCC Online SC 941; applicants alleged on bail and summons unserved.

What did the court decide?

Execution of the non-bailable warrants kept in abeyance for three weeks or until the applicants appear, whichever is earlier; upon appearance, the bail/recall application to be decided in light of the observations in the cited Supreme Court judgments. ¶13

Mohammad Hanif and 3 Others vs State of U.P. and… — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the order dated 30.01.2020 passed by the Chief Judicial Magistrate, Maharajganj issuing non-bailable warrants against the applicants (allegedly without service of summons or bailable warrants and while the applicants were on bail) should be quashed under Section 482 CrPC.

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Court's answer

The application under Section 482 CrPC is finally disposed of with a direction that if the applicants appear before the court below within three weeks and apply for bail/recall of the non-bailable warrant, the application shall be decided in the light of the observations in the judgments of the Supreme Court in Satender Kumar Antil v. CBI, Siddharth v. State of U.P. and Aman Preet Singh v. CBI.

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Ratio / Principle

For three weeks from the date of the order, or until the applicants appear before the court below, whichever is earlier, execution of the non-bailable warrants against the applicants shall remain in abeyance.

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Detailed headnote1 paragraphs

Allahabad High Court (Sanjay Kumar Pachori, J.), Order dated 8.1.2025: An application under Section 482 CrPC seeking quashing of the order dated 30.01.2020 of the Chief Judicial Magistrate, Maharajganj in Criminal Case No. 1598 of 2013 (State v. Mohammad Hanif and others), arising out of Case Crime No. 3453 of 2011 under Sections 406, 323, 504, 506 IPC, whereby non-bailable warrants had been issued, was finally disposed of. Execution of the NBWs was kept in abeyance for three weeks or until the applicants appear, whichever is earlier; on appearance, any bail/recall application is to 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.

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Neutral Citation No. - 2025:AHC:4162

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Court No. - 75

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Case :- APPLICATION U/S 482 No. - 394 of 2025

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Applicant :- Mohammad Hanif And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajeev Kumar,Vijay Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Sanjay Kumar Pachori,J.

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Heard Sri Vijay Tripathi, learned counsel for the applicants and Sri R.K. Singh learned A.G.A. for the State.

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The present application under Section 482 of the Code of Criminal Procedure, 1973 has been filed to quash the order dated 30.01.2020 passed by the Chief Judicial Magistrate, Maharajganj, in Criminal Case No. 1598 of 2013 (State v. Mohammad Hanif and others), arising out of Case Crime No. 3453 of 2011, under Sections 406, 323, 504, 506 of IPC, P.S. Kotwali, District Maharajganj, whereby the non-bailable warrant has been issued

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Learned counsel for the applicants 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 applicants were on bail at the time of issuing non-bailable warrant.

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Learned counsel for the applicants 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 30.01.2020 without satisfying the service of summons or bailable warrants itself and reason to believe from absconding the process of the court.

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Learned A.G.A. as well as learned counsel for the opposite party No. 2 have opposed the application.

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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 applicants appear before the court below within three weeks from today and applies for bail/recall of non

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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 .

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For a period of three weeks from today or till applicants appear before the court below, whichever is earlier, execution of non bailable warrant against the applicants shall be kept in abeyance.

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Order Date :- 8.1.2025 Akram

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

Mohammad Hanif and 3 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Mohammad Hanif and 3 Others v. State of U.P. and Another

Case brief

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