Mohit Shukla Vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2025)

Mohit Shukla Vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

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

Issue for consideration

Whether the order dated 12.7.2019 of the Chief Judicial Magistrate, Jalaun at Orai issuing a non-bailable warrant against the applicant in criminal case No. 1892 of 2014 should be quashed under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023. +1 more

Court's answer

The application under Section 528 BNSS 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 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.

Ratio / Principle

For a period of three weeks from the order or till 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 dt. 20.5.2025 — Application u/S 528 BNSS No. 13917 of 2025 by Mohit Shukla seeking quashing of the order dt. 12.7.2019 of the Chief Judicial Magistrate, Jalaun at Orai issuing a non-bailable warrant in criminal case No. 1892 of 2014 (State Vs. Mohit Shukla), arising out of case crime No. 1204 of 2013, Sections 420, 467, 468, 471, 323 IPC, P.S. Et — Per applicant's counsel, he was on bail when the NBW was issued and it was issued without any summon or bailable warrant — Court did not adjudicate the legality of the NBW; application finally disposed of with a direction that on appearance within three weeks and an application for bail/recall of the NBW, the court below shall decide it 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 kept in abeyance for three weeks or till appearance, whichever is earlier.

Neutral Citation No. - 2025:AHC:84121

Court No. - 72

Case :- APPLICATION U/S 528 BNSS No. - 13917 of 2025

Applicant :- Mohit Shukla Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mahesh Kumar Sahu,Sharad Kumar Counsel for Opposite Party :- G.A.

Hon'ble Sanjay Kumar Pachori,J.

Sri Sharad Kumar Srivastava, learned counsel for the applicant and Sri Karunakar Singh, learned A.G.A. for the State are present.

The present application under Section 528 of Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed by the applicant to quash the order dated 12.7.2019 passed by Chief Judicial Magistrate, Jalaun at Orai in criminal case No. 1892 of 2014 (State Vs. Mohit Shukla), arising out of case crime No. 1204 of 2013, under Sections 420, 467, 468, 471, 323, I.P.C., Police Station Et, District Jalaun at Orai, whereby Non Bailable Warrant has been issued against the applicant.

Learned counsel for the applicant submits that the applicant was on bail at the time of issuing of Non-Bailable Warrant. It is further submitted that the impugned order has been passed without satisfying itself that the summon and other process for attendance has been served. It is further submitted that the impugned order has been passed without considering the position of law. It is settled position of law that N.B.W. should be issued as a last resort after the litigant fails to respond the notices/summons and bailable warrant. It is further submitted that non-bailable warrant has been issued without issuing any summon and bailable warrant.

Learned A.G.A. has opposed the application.

Considering submissions of learned counsel and perusing record, the instant application under Section 528 of Bhartiya Nagrik Suraksha Sanhita, 2023 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 applicant shall be kept in abeyance.

Order Date :- 20.5.2025 T. Sinha

Digitally signed by :- TRIPTI SINHA High Court of Judicature at Allahabad