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

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

What the court decided

AI extract

Outcome

Application finally disposed of: if the applicant appears within three weeks and applies for bail/recall of the NBW, the court below shall decide it in light of the Supreme Court 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 NBW kept in abeyance for three weeks or until appearance, whichever is earlier.

Issue for consideration

Whether the order dated 19.02.2020 of the Special Chief Judicial Magistrate, Kanpur Nagar issuing a non-bailable warrant against the applicant ought to be quashed under Section 528 BNSS. +1 more

Court's answer

The application under Section 528 BNSS (referred to by the court as under Section 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 or recall of the non-bailable warrant, his application shall be decided in the light of the observations of the Supreme Court in Satender Kumar Antil, Siddharth and Aman Preet Singh.

Ratio / Principle

Execution of the non-bailable warrant against the applicant is kept in abeyance for a period of three weeks from the date of the order, or until the applicant appears before the court below, whichever is earlier.

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Sanjay Kumar Pachori, J.), Application U/S 528 BNSS No. 17258 of 2025, Pintu v. State of U.P. and Another, decided 22.5.2025 (Neutral Citation 2025:AHC:86420). Applicant sought quashing of the order dated 19.02.2020 of the Special Chief Judicial Magistrate, Kanpur Nagar in Case No. 27909 of 2016 (State vs. Ramdulari and others), arising out of N.C.R. No. 30 of 2014 under Sections 323, 504 IPC, P.S. Naubasta, whereby a non-bailable warrant was issued against him; contention that the NBW was issued without service of summons/other process and without any prior summons or bailable warrant. Held: application finally disposed of with a direction that on the applicant appearing within three weeks and applying for bail/recall of NBW, the court below shall decide it in the 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:86420

Court No. - 72

Case :- APPLICATION U/S 528 BNSS No. - 17258 of 2025

Applicant :- Pintu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhishek Singh,Aditya Yadav,Aryan Yadav

Counsel for Opposite Party :- G.A.

Hon'ble Sanjay Kumar Pachori,J.

Sri Aditya Yadav, learned counsel for the applicant and Sri R.K. Singh, learned A.G.A. for the State are present.

The present application under Section 528 of BNSS has been filed to quash the order dated 19.02.2020 passed by Special Chief Judicial Magistrate, Kanpur Nagar in case no. 27909 of 2016 (State vs. Ramdulari and others), arising out of N.C.R. NO. 30 of 2014, under Sections 323, 504 IPC, P.S. Naubasta, District Kanpur Nagar, whereby NBW has been issued against the applicant.

Learned counsel for the applicant submits 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 non-bailable warrant has been issued without issuing any summon and 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.

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

Considering submissions of learned counsel for the applicant 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 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 appear before the court below, whichever is earlier, execution of non bailable warrant against applicant shall be kept in abeyance.

Order Date :- 22.5.2025 MAA/-

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