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2025 DAILYLAW 27255 (ALL)

VEER SINGH v. STATE OF U.P.

NA528/7550/2025 · 2025-03-06

Sanjay Kumar Pachori

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:33820 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 7550 of 2025 Applicant :- Veer Singh Opposite Party :- State of U.P. Counsel for Applicant :- Fakhruzzaman Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Sri Fakhruzzaman, learned counsel for the applicant and Sri Chhavi Pal Singh, learned A.G.A. for the State are present. The present application under Section 528 B.N.S.S., 2023 of the Code of Criminal Procedure, 1973 has been filed to quash the order dated 06.06.2024 passed by Judicial Magistrate, Court No. 5, Jhansi arising out of Case Crime No.360 of 2004, under Sections 279, 338, 304A, 427 I.P.C., P.S.Badagaon, District Jhansi, whereby non bailable warrant has been issued against the applicant. Learned counsel for the applicant submits that the impugned order has been passed by the court without satisfying itself that the summon and other process for attendance has been served and without issuing any summon or bailable warrant, direct N.B.W. has been issued. 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. It is further submitted that order of the non-bailable warrant has been passed on 06.06.2024 without satisfying the service of summons or bailable warrants itself and reason to believe from absconding the process of the court. Learned A.G.A. has opposed the application. Considering submissions of learned counsel and perusing record, the instant application u/s 482 Cr.P.C. is finally disposed of with a direction that in case applicant appears before the court below within two weeks from today and applies for bail/recall of non bailable warrant, his application 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 appears before the court below, whichever is earlier, execution of non bailable warrant against the applicant shall be kept in abeyance. Order Date :- 7.3.2025 AKT Digitally signed by :- ASHOK KUMAR TRIPATHI High Court of Judicature at Allahabad