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2025 DAILYLAW 101861 (ALL)

RAM KISHORE v. STATE OF U.P. AND ANOTHER

A482/33201/2024 · 2025-01-24

Sanjay Kumar Pachori

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:12455 Court No. - 75 Case :- APPLICATION U/S 482 No. - 33201 of 2024 Applicant :- Ram Kishore Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd. Ayub,Ranjeet Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Heard Sri R.K.Singh, Advocate holding brief of Sri Ranjeet Kumar Mishra, learned counsel for the applicant and Sri Rahul Pandey, learned brief holder for the State. The present application under Section 482 of the Code of Criminal Procedure, 1973 has been filed to quash the order dated 06.04.2013 passed by Additional Chief Judicial Magistrate, Sadabad, District Mahamaya Nagar, by which the non-bailable warrants has been issued in Criminal Case No. 479 of 2011, arising out of Case Crime No. 320 of 2011, under Sections 279, 304-A IPC, P.S. Sadabad, District Mahamaya Nagar. Learned counsel for the applicants submits that the impugned order has been passed without satisfying itself that the summon and other process for attendance has been served. It is further submitted that non-bailable warrant has been issued without issuing any summon and bailable warrant. 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. Learned A.G.A. has opposed the application. Considering submissions of learned counsel for the applicants 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 :- 24.1.2025 MAA/- Digitally signed by :- MOHAMMAD AZAD ANSARI High Court of Judicature at Allahabad Digitally signed by :- MOHAMMAD AZAD ANSARI High Court of Judicature at Allahabad