RAMVEER SINGH AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
A482/44192/2024 · 2025-01-27
Sanjay Kumar Pachori
body2025
DailyLaw.ai
[ 2025 DAILYLAW 112999 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 112999 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:13979 Court No. - 75 Case :- APPLICATION U/S 482 No. - 44192 of 2024 Applicant :- Ramveer Singh And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kuldeep Singh Chahar Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Sri Kuldeep Singh Chahar, learned counsel for the applicants 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 order dated 22.02.2019 passed by the Additional Chief Judicial Magistrate, I, Agra in Criminal Case No.73 of 2009 (State Vs. Ramveer and others), arising out of Case Crime No.249 of 2009, under Sections 452, 323, 324 IPC, Police Station Jagdishpura, District Agra, whereby non bailable warrant has been issued against the applicants.
Learned counsel for the applicants 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 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. 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 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 appearsbefore the court below, whichever is earlier, execution of non bailable warrant against the applicants shall be kept in abeyance.
Order Date :- 27.1.2025 Mini Digitally signed by :- MINI KANAUJIYA High Court of Judicature at Allahabad