Allahabad High Court
Amarjit @ Amarjit Kumar vs State Of U.P. And Another on 4 February, 2025
Author: Sanjay Kumar Pachori
Bench: Sanjay Kumar Pachori
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:15882 Court No. - 75 Case :- APPLICATION U/S 482 No. - 166 of 2025 Applicant :- Amarjit @ Amarjit Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arvind Kumar Dixit Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J.
Sri Arvind Kumar Dixit, learned counsel for the applicant and Sri Karunakar Singh, learned A.G.A. for the State are present.
The present application u/s 482 Cr.P.C. has been filed with prayer to quash the order dated 2.9.2024 passed by Additional Sessions Judge, Court No. 20, Kanpur Nagar, in Session Trail No. 336 of 2024 (State vs. Amarjit and others), under Section 379, 411, 413 of I.P.C., P.S. Naubasta, District Kanpur Nagar, whereby non bailable warrant has been issued against the applicant.
Learned counsel for the applicant submits that applicant was 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 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 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 four 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 four 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 :- 4.2.2025 A.P. Pandey