SANJAY KUMAR SRIVASTAVA @ SANJAY SRIVASTAV v. STATE OF U.P. THRU. ITS PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
A482/1650/2025 · 2025-02-21
Subhash Chandra Sharma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 125021 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 125021 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:11321 Court No. - 14 Case :- APPLICATION U/S 482 No. - 1650 of 2025 Applicant :- Sanjay Kumar Srivastava @ Sanjay Srivastav Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Arpit Kumar Mishra,Aman Agarwal Counsel for Opposite Party :- G.A. Hon'ble Subhash Chandra Sharma,J. Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the material on record. This application has been filed with the following prayers:- (i) set aside the entire criminal proceedings of Criminal Case No. 516 of 2021 "Naveen Kumar Versus Sanjay Kumar Srivastava" pending before learned Additional Chief Judicial Magistrate-I, Sitapur, under Section 138 of the Negotiable Instruments Act, 1881, Police Station Mishrikh, District Sitapur alongwith Non Bailable Warrant dated 12.12.2024 of N.I. Act,
1881. (ii) stay further proceedings of the entire criminal proceedings of Criminal Case No. 516 of 2021 "Naveen Kumar Versus Sanjay Kumar Srivastava" pending before learned Additional Chief Judicial Magistrate-I, Sitapur, under Section 138 of the Negotiable Instruments Act, 1881, Police Station Mishrikh, District Sitapur alongwith Non Bailable Warrant dated 12.12.2024 of N.I. Act, 1881. to allow this application and quash the impugned non bailable warrant dated 29.07.2024 (State Vs. Syed Mohammad Akib) arising out of Case Crime No. 0204/2022 under Sections 420, 406, 467, 468, 471, 34, 120-B I.P.C., Police Station Bilariyaganj, District Azamgarh, pending before Chief Judicial Magistrate, Court No. 11, Azamgarh and also further prayed to stay the effect and operation of non bailable warrant as aforesaid. It is submitted by learned counsel for the applicant that in this case N.B.W. has been issued by the learned court against the applicant. He could not appear before the learned court since he had no information about the case, therefore, he wants to appear before the learned court but request to quash the N.B.W. issued
against him. Learned A.G.A. has no objection in this regard.
On considering the submissions made by learned counsel for the applicant as well as learned A.G.A. and perusal of record, it appears that no summon has been ensured to be served on the applicant but N.B.W. has been issued by the learned court and he is ready to appear before the court concerned, therefore, it is expedient to direct the applicant to appear before the learned trial court within a period of 30 days from today and move bail application that shall be heard and decided as expeditiously as possible by the learned trial court in accordance with law as laid down by the Hon'ble Supreme Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another LL 2022 SC 577 decided on 11.07.2022. In the mean time, the apprehension of N.B.W. dated 12.12.2024 shall remain in abeyance. Accordingly, this application is disposed of finally. Order Date :- 21.2.2025 Suraj Srivastav Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench