Reeta Devi and 7 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Reeta Devi and 7 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Execution of the non-bailable warrant kept in abeyance for three weeks from the order or until the applicant appears before the court below, whichever is earlier; on the applicant's appearance within three weeks, the bail/recall of NBW application is to be decided by the court below in light of the cited Supreme Court judgments.

Issue for consideration

Whether the order dated 6.9.2021 passed by the Special C.J.M., Varanasi issuing a non-bailable warrant against the applicants ought to be quashed under Section 482 of the Code of Criminal Procedure, 1973. +1 more

Court's answer

The application under Section 482 Cr.P.C. was 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, that application shall be decided by the court below in the light of the observations in Satender Kumar Antil, Siddharth and Aman Preet Singh (Supreme Court).

Ratio / Principle

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

Detailed headnote1 paragraphs

Allahabad High Court (Sanjay Kumar Pachori, J.; order dated 2.1.2025) in Application U/S 482 No. 42066 of 2024 (Reeta Devi and 7 others v. State of U.P. and another) disposed of a petition seeking quashing of the order dated 6.9.2021 passed by the Special C.J.M., Varanasi in Case No. 442 of 2013 (arising out of Case Crime No. 260 of 2012, under Sections 143/341 I.P.C., P.S. Rohaniya, District Varanasi), whereby a non-bailable warrant was issued against the applicants. Counsel for the applicants contended that they had already been released on bail and that the NBW issued without service of summons or bailable warrant. The Court disposed of the application with a direction that if the applicant appears before the court below within three weeks and applies for bail/recall of the NBW, the application shall be decided in light of 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 NBW was kept in abeyance for three weeks or until appearance, whichever is earlier.

Neutral Citation No. - 2025:AHC:893

Court No. - 75

Case :- APPLICATION U/S 482 No. - 42066 of 2024

Applicant :- Reeta Devi And 7 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manoj Kumar Singh Counsel for Opposite Party :- G.A.

Hon'ble Sanjay Kumar Pachori,J.

Sri Manoj Kumar Singh, learned counsel for the applicant and 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 6.9.2021 passed by Special C.J.M., Varanasi, in Case No. 442 of 2013, arising out of Case Crime No. 260 of 2012, under Sections 143/341 of I.P.C., P.S. Rohaniya, District Varanasi, whereby non bailable warrant has been issued against the applicants.

Learned counsel for the applicants submits that applicants were released on bail prior to issuing non bailable warrant. It is further submitted 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.

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 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 :- 2.1.2025 A.P. Pandey

Digitally signed by :- ANAND PRAKASH PANDEY High Court of Judicature at Allahabad