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2025 DAILYLAW 112442 (ALL)

RAJU v. STATE OF U.P. AND ANOTHER

A482/44059/2024 · 2025-01-27

Sanjay Kumar Pachori

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:14238 Court No. - 75 Case :- APPLICATION U/S 482 No. - 44059 of 2024 Applicant :- Raju Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashok Kumar,Jeetendra Kumar Sharma Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Learned counsel for the applicant is corrected the prayer clause during the course of the day. Learned counsel for the applicant and learned A.G.A. for the State are present. The present application under Section 482 of the Code of Criminal Procedure, 1973 has been filed to quash the entire proceedings of S.T. No.145 of 2018 (State Vs. Raju), arising out of Case Crime No.70 of 2018, under Sections 363, 366 IPC. Police Station Pannuganj, District Sonbhadra as well as cognizance/summoning order dated 29.10.2018 as well as order dated 18.02.2020 whereby non-bailable-warrant has been issued against the applicant, pending in the court of First Additional Sessions Judge, Sonbhadra. Learned counsel for the applicant submits that the applicant was on bail at the time of issuing non-bailable-warrant. 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 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. 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 :- 27.1.2025 Mini Digitally signed by :- MINI KANAUJIYA High Court of Judicature at Allahabad