SMT. PREMWATI AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/6869/2025 · 2025-03-03
Sanjay Kumar Pachori
body2025
DailyLaw.ai
[ 2025 DAILYLAW 24263 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 24263 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:30042 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 6869 of 2025 Applicant :- Smt. Premwati And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kartikey Singh Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Sri Kartikey Singh, learned counsel for the applicants and Sri Tej Bhan Singh, learned A.G.A. for the State are present. The present application under Section 528 of BNSS, 2023 has been filed to quash the order dated 09.01.2025 passed by Judicial Magistrate- Mathura in case no. 578/IX of 2012 (State vs. Smt. Premwati and others), arising out of N.C.R. No. 39 of 2011, under Section 323, 504 of I.P.C., P.S. Raya, District Mathura, whereby NBW has been issued against the applicant.
Learned counsel for the applicants 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 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. Learned A.G.A. has opposed the application. Considering submissions of learned counsel for the applicants and perusing record, the instant application u/s 528 BNSS, 2023 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 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.
Order Date :- 4.3.2025 MAA/- Digitally signed by :- MOHAMMAD AZAD ANSARI High Court of Judicature at Allahabad