Allahabad High Court
Puspendra Kumar vs State Of U.P. And Another on 11 December, 2024
Author: Sanjay Kumar Pachori
Bench: Sanjay Kumar Pachori
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:194457 Court No. - 77 Case :- APPLICATION U/S 482 No. - 42533 of 2024 Applicant :- Puspendra Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Brat Sheel,Punya Sheel Pandey Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J.
Sri Jitendra Kumar, Advocate holding brief of Sri Punya Sheel Pandey, learned counsel for the applicant and Sri Ashwani Kumar Rai, 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 23.11.2021 passed by Chief Judicial Magistrate, Etah in Case No. 7874 of 2019 (State Vs. Pushpendra Kumar) arising out of Case Crime No. 1349 of 2019, under Sections 419, 420, 468, 471 of I.P.C. Police Station- Kotwali Nagar, District Etah, whereby non-bailable warrant has been issued against the applicant.
Learned counsel for the applicant submits that applicant was granted bail by the trial court during the course of investigation. 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 and without issuing any summon or bailable warrant direct NBW 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.
Learned A.G.A. has 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 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 appear before the court below, whichever is earlier, execution of non bailable warrant against applicant shall be kept in abeyance.
Order Date :- 11.12.2024 AKT