Allahabad High Court
Khalil And 2 Others vs State Of U.P. And Another on 10 January, 2025
Author: Sanjay Kumar Pachori
Bench: Sanjay Kumar Pachori
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:6023 Court No. - 75 Case :- APPLICATION U/S 482 No. - 44284 of 2024 Applicant :- Khalil And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rahul Shukla Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J.
Heard Sri Rahul Shukla, learned counsel for the applicants and Sri Vijay Kumar Mishra, learned A.G.A. for the State.
The present application under Section 482 of the Code of Criminal Procedure, 1973 has been filed to quash the order dated 26.09.2024 passed by Civil Judge (Junior Division)/Judicial Magistrate, Court No. 2, Hapur in Case No. 742 of 2021 (State vs. Khalil and Others), arising out of case crime No. 195 of 2020, under Sections 323, 324, 325, 452, 427, 308, 504, 506 I.P.C., Police Station- Dhaulana, District Hapur, whereby Non Bailable Warrant has been issued against the applicants.
Learned counsel for the applicants submits 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 the applicants were on bail earlier to issuing of Non-Bailable Warrant.
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 applicants appear before the court below within three weeks from today and apply for bail/recall of non bailable warrant, their 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 applicants appear before the court below, whichever is earlier, execution of non bailable warrant against applicants shall be kept in abeyance.
Order Date :- 10.1.2025 #Vik/-