Allahabad High Court
Manjeet Singh Jatia And Another vs State Of U.P. on 3 April, 2025
Author: Sanjay Kumar Pachori
Bench: Sanjay Kumar Pachori
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:47907 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 9898 of 2025 Applicant :- Manjeet Singh Jatia And Another Opposite Party :- State of U.P. Counsel for Applicant :- Satyam Narayan Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J.
Heard Sri Satyam Narayan, learned counsel for the applicants and Sri Kamleshwar Singh, learned A.G.A. for the State.
The present application under Section 528 of BNSS has been filed with a prayer to quash the order dated 9.4.2024 passed by the Additional Chief Judicial Magistrate, Court No.3, Meerut, in Criminal Case No. 18808 of 2023 (State v. Manjeet and another), arising out of Case Crime No. 839 of 2013, 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 9.4.2024 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 applicants appears before the court below within three 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 three weeks from today or till applicants appears before the court below, whichever is earlier, execution of non bailable warrant against the applicants shall be kept in abeyance.
Order Date :- 3.4.2025 Akram