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Neutral Citation No. - 2025:AHC:35421 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 7965 of 2025 Applicant :- Rajkumar Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashwani Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Sri Ashwani Kumar Yadav, learned counsel for the applicant and Sri Karunakar Singh, learned A.G.A. for the State are present. The present application under Section 482 of the Code of Criminal Procedure, 1973 has been filed to quash the orders dated 19.11.2005 and 25.09.2024 passed by Additional Civil Judge (Senior Division)/A.C.J.M., Bulandshahr in Case no. 1631 of 2018 (State vs. Raj Kumar), arising out of Case Crime No. 590 of 2002, under Sections 279, 338, 304A, 427 IPC, P.S. Kotwali Dehat, District Bulandshahar, 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 482 Cr.P.C. 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 Digitally signed by :- MOHAMMAD AZAD ANSARI High Court of Judicature at Allahabad