Allahabad High Court
Pramod Kumar Pandey vs State Of U.P. And Another on 18 October, 2024
Author: Sanjay Kumar Pachori
Bench: Sanjay Kumar Pachori
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:166731 Court No. - 77 Case :- APPLICATION U/S 482 No. - 27299 of 2024 Applicant :- Pramod Kumar Pandey Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amit Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J.
Heard Sri Amit Kumar Mishra, learned counsel for the applicant and Sri Karunakar Singh, 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 09.05.2022 passed by Special Chief Judicial Magistrate, Varanasi, in Case No.1571 of 2016 (State v. Jafar Moin & another), under Sections 307 of IPC, Police Station Rohaniya, District Varanasi, by which the non-bailable warrant has been issued against the applicant.
Learned counsel for the applicant does not want to press the rest of the prayer.
Learned counsel for the applicant submits 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 three 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 three 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 :- 18.10.2024/Akram