Allahabad High Court
Arvind Singh vs State Of U.P. And Another on 19 February, 2025
Author: Sanjay Kumar Pachori
Bench: Sanjay Kumar Pachori
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:25680 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 4951 of 2025 Applicant :- Arvind Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhishek Mishra,Harendra Yadav,Prabhat Singh Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J.
Heard Sri Harendra Yadav, learned counsel for the applicant and Sri Pushpraj, learned A.G.A. for the State.
The present application under Section 528 of the BNSS has been filed to quash the order dated 23.01.2019 passed by the Additional Chief Judicial Magistrate, Court No. 16, Allahabad, in Criminal Case No. 15752 of 2006 (State v. Arvind Singh) arising out of Case Crime No. 183 of 2000, under Sections 279, 338 and 304A of IPC, whereby the non-bailable warrants has been issued Learned counsel for the applicant submits 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. It is further submitted that applicant was on bail at the time of issuing non-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. It is further submitted that order of the non-bailable warrant has been passed on 23.01.2019 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 :- 19.2.2025 Akram