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2025 DAILYLAW 10078 (ALL)

YAKOOB v. STATE OF U.P. AND ANOTHER

A482/2154/2025 · 2025-03-06

Sanjay Kumar Pachori

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:34545 Court No. - 75 Case :- APPLICATION U/S 482 No. - 2154 of 2025 Applicant :- Yakoob Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pramod Kumar Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Sri Pramod Kumar, learned counsel for the applicant and Sri Vijay Kumar Mishra, 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 non bailable warrant order dated 16.11.2013, in criminal case No. 4188 of 2023 (State Vs. Yakoob and others), arising out of case crime No. 649 of 2002, under Section 379, 411 I.P.C., Police Station Kotwali, District Ghaziabad pending in the Court of Additional Chief Judicial Magistrate VI, Ghaziabad whereby non bailable warrant as well as proceeding under Section 82 and 83 has been issued against the applicant. 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. 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 16.11.2013 without satisfying the service of summons or bailable warrants itself and reason to believe from absconding the process of the court. It is further submitted that the applicant was on bail at the time of issuing the order of non-bailable warrant. Learned A.G.A. for the State 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 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 appears before the court below, whichever is earlier, execution of non bailable warrant against the applicant shall be kept in abeyance. Order Date :- 7.3.2025 Karan Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad