RAM TEERATH AND ANOTHER v. STATE OF U.P. AND ANOTHER
NA528/8008/2025 · 2025-03-10
Sanjay Kumar Pachori
body2025
DailyLaw.ai
[ 2025 DAILYLAW 28151 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 28151 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:35803 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 8008 of 2025 Applicant :- Ram Teerath And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shiv Ram Dubey Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Sri Shiv Ram Dubey, learned counsel for the applicants and Sri Pushp Raj Singh, learned A.G.A. for the State are present. The present application under Section 528 of B.N.S.S. has been filed to quash the order dated 10.9.2018 passed by A.C.J.M., Basti, in Case No. 526 of 2010 (State vs. Ratna Devi and others), arising out of N.C.R. No. 46 of 2010, under Sections 323, 504, 506 of I.P.C., P.S. Chhawani, District Basti, whereby non bailable warrant has been issued against the applicants.
Learned counsel for the applicants 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 submits that applicant was on bail at the time of issuing non bailable warrant. It is 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 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. as well as learned counsel for the opposite party No. 2 have opposed the application. Considering submissions of learned counsel and perusing record, the instant application u/s 528 of B.N.S.S. is finally disposed of with a direction that in case applicants appear before the court
below within four weeks from today and apply for bail/recall of non bailable warrant, their 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 four weeks from today or till applicants appear before the court below, whichever is earlier, execution of non bailable warrant against the applicants shall be kept in abeyance.
Order Date :- 11.3.2025 A.P. Pandey Digitally signed by :- ANAND PRAKASH PANDEY High Court of Judicature at Allahabad Digitally signed by :- ANAND PRAKASH PANDEY High Court of Judicature at Allahabad