RAMU ALIAS SHAILENDRA SINGH v. STATE OF U.P. AND ANOTHER
NA528/7961/2025 · 2025-03-10
Sanjay Kumar Pachori
body2025
DailyLaw.ai
[ 2025 DAILYLAW 27749 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 27749 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:35452 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 7961 of 2025 Applicant :- Ramu Alias Shailendra Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anil Kumar,Kalp Dev Mishra Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Sri Kalp Dev Mishra, learned counsel for the applicant and Sri Ashwani Kumar Rai, learned A.G.A. for the State are present. The present application under Section 528 of the BNSS, 2023 has been filed to quash the order dated 15.06.2022 passed by Special Judge (D.A.A.)/Additional Sessions Judge, Court No. 3, Agra in S.S.T. No. 615 of 2019 (State vs. Het Singh & others), arising out of Case Crime No. 133 of 2019, under Sections 394, 411 I.P.C., P.S. Shamshabad, District Agra, 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 of 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 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 :- 11.3.2025 MAA/- Digitally signed by :- MOHAMMAD AZAD ANSARI High Court of Judicature at Allahabad