GORAKH NATH TIWARI AND ANOTHER v. STATE OF U.P. AND ANOTHER
A482/2987/2025 · 2025-01-31
Sanjay Kumar Pachori
body2025
DailyLaw.ai
[ 2025 DAILYLAW 10059 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 10059 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:14421 Court No. - 75 Case :- APPLICATION U/S 482 No. - 2987 of 2025 Applicant :- Gorakh Nath Tiwari And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prabha Shanker Bharti Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Sri Prabha Shanker Bharti, learned counsel for the applicants and Sri Pushp Raj Singh, learned brief holder 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 29.12.2024 passed by Judicial Magistrate, Chandauli, District Chandauli, in Case No. 671 of 2015, (State vs. Gorakh Nath Tiwari and others), arising out of Case N.C.R. No. 227 of 2014, under Sections 323, 504, 506 of I.P.C., P.S. Ali Nagar, District Chandauli, whereby non bailable warrant has been issued against the applicant.
Learned counsel for the applicants submits that non bailable warrant has been issued after dismissing the exemption application for appearance of the applicants. It is further submitted 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.
Learned counsel for the applicants 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 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 appear before the court below within three weeks from today and apply for bail/recall of non bailable warrant, their 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 appear before the court below, whichever is earlier, execution of non bailable warrant against the applicants shall be kept in abeyance.
Order Date :- 31.1.2025 A.P. Pandey Digitally signed by :- ANAND PRAKASH PANDEY High Court of Judicature at Allahabad