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2025 DAILYLAW 21590 (ALL)

VIRENDRA KUMAR ALIAS KUNWAR VIRENDRA VIKRAM v. STATE OF U.P. AND ANOTHER

NA528/8919/2025 · 2025-04-02

Sanjay Kumar Pachori

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:47659 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 8919 of 2025 Applicant :- Virendra Kumar Alias Kunwar Virendra Vikram Opposite Party :- State of U.P. and Another Counsel for Applicant :- Girish Chandra Yadav Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Sri Girish Chandra Yadav, learned counsel for the applicant and Sri R.K. Singh, learned A.G.A. for the State are present. The present application under Section 528 of BNSS has been filed to quash the order dated 03.10.2024 passed by Additional Chief Judicial Magistrate- 6, Ghaziabad in Criminal Case no. 1225 of 2024 (State vs. Vikram Virendra Singh and others), under Sections 420, 467, 468 and 471 IPC, P.S. Kotwali, District Ghaziabad, whereby NBW has been issued against the applicant. Learned counsel for the applicant submits that the impugned order has been passed without satisfying itself that the summon and other process for attendance has been served. It is further submitted that non-bailable warrant has been issued without issuing any summon and 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. Learned A.G.A. has opposed the application. Considering submissions of learned counsel for the applicant and perusing record, the instant application u/s 528 BNSS 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 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 appear before the court below, whichever is earlier, execution of non bailable warrant against applicant shall be kept in abeyance. Order Date :- 3.4.2025 MAA/- Digitally signed by :- MOHAMMAD AZAD ANSARI High Court of Judicature at Allahabad