SAMEEULLA ANSARI v. STATE OF U.P. THRU. ITS PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
A482/1716/2025 · 2025-02-27
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 125274 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 125274 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:11804 Court No. - 16 Case :- APPLICATION U/S 482 No. - 1716 of 2025 Applicant :- Sameeulla Ansari Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Shamsher Ali Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for petitioner as well as learned Additional Government Advocate for State. The present petition under Section 482 Cr.P.C./528 BNSS 2023 has been filed for quashing of the impugned cognizance and summoning order dated 17/18.11.2016 passed by the learned Judicial Magistrate, Kheri in Case No.2038 of 2016 by which the petitioner has been summoned to face trial under Section 138 N.I.Act and subsequently non bailable warrant has been issued against the petitioner vide orders dated 27.1.2018 and 27.1.2025. Notice to respondent no.2 is dispensed with in view of the proposed order. Perused the record. Perusal of the record shows that non-bailable warrant against the accused applicant are pending since 2018. The accused is absconding and is not cooperating in the trial. Prima facie commission of cognizable offence is made out. Thus, prayer for setting aside the impugned cognizance and summoning
order as well as the non-bailable warrants is refused. At this stage, learned counsel for the petitioner prays that the petitioner may be granted liberty to file a bail application which may be decided in view of law laid down by Supreme Court in "Satender Kumar Antil versus Central Bureau of Investigation and another, Special Leave to Appeal (Cri)No.5191 of 2021" to which learned A.G.A. has no objection. In view of the above, the petition is dismissed, however, liberty is given to the petitioner to surrender before the learned trial court within fifteen days from
today and file bail application, which may be decided expeditiously by the learned trial court in view of law laid down by the Apex Court in Satender Kumar Antil (supra).
Order Date :- 27.2.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench