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Neutral Citation No. - 2025:AHC:34567 Court No. - 75 Case :- APPLICATION U/S 482 No. - 2705 of 2025 Applicant :- Deepak Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Jatan Yadav Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Sri Ram Jatan Yadav, learned counsel for the applicant and Sri Alok Kumar Mishra, learned A.G.A. for the State are present. The present 482 Cr.P.C. application has been filed to quash the non-bailable warrant dated 03.01.2024 as well as entire proceeding of criminal case No. 8586 of 2021 (State Vs. Suraj and others) arising out of case crime No. 407 of 2021 under Section 457, 380, 411 I.P.C., Police Station-Tajganj, District-Agra pending before the Court of Chief Judicial Magistrate, Agra.
Learned counsel for the applicants does not want to press the relief to quash the entire proceedings of criminal case No. 8586 of 2021 (State Vs. Suraj and others), arising out of case crime No. 407 of 2021 under Section 457, 380, 411 I.P.C. This relief is dismissed as not pressed.
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 warrants has been passed without satisfying the service of summons or bailable warrants. It is further submitted that the applicant was on bail at the time of issuing of order of non-bailable warrant. 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 :- 7.3.2025 Karan Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad