JAJAY TIWARI @ RAJESH TIWARI @ RAJESH KUMAR TIWARI v. THE STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
A482/9443/2025 · 2025-11-11
Tej Pratap Tiwari
body2025
DailyLaw.ai
[ 2025 DAILYLAW 174315 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 174315 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 9443 of 2025 Court No. - 34 HON'BLE TEJ PRATAP TIWARI, J.
1. Heard Sri Shanker Lal Pandey, learned counsel for the applicant, learned A.G.A for the State and perused the record.
2. The present application under Section 482 of the Code of Criminal Procedure, has been filed to quash the order dated 23.07.2025 passed by Additional Session/District Judge (ADJ-2), Pratapgarh in S.T. No. 327 of 2022 (State Vs. Lavi Shanker Mishra and others), having case crime/FIR No. 0415 of 2017, under Sections 307, 504 of I.P.C. Police Station- Ashpur Devsara, District Pratapgarh, whereby non-bailable warrant has been issued against the applicant.
3. Learned counsel for the applicant submitted that he was released on bail by the trial court and the impugned NBW order has been passed without satisfying itself that the summon and other process for attendance has been served and without issuing any summon or bailable warrant, direct NBW has been issued.
4. Learned A.G.A. has opposed the application.
5. Considering submissions of the learned counsel and perusing the record, the instant application u/s 482 Cr.P.C. is finally disposed of with a direction that in case applicants appears before the court below within four weeks from today and applies for recall of non bailable warrant, his Versus Counsel for Applicant(s) : Shanker Lal Pandey Counsel for Opposite Party(s) : G.A. Jajay Tiwari @ Rajesh Tiwari @ Rajesh Kumar Tiwari .....Applicant(s) The State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s)
application shall be shall be decided in the light of the observations made in the judgments rendered by the Supreme Court in 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.
6. For a period of four 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. November 11, 2025 P.S A482 No. 9443 of 2025 2 (Tej Pratap Tiwari,J.) Digitally signed by :- POOJA SHARMA High Court of Judicature at Allahabad, Lucknow Bench