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Neutral Citation No. - 2025:AHC:47525 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 10069 of 2025 Applicant :- Ramesh And 4 Others Opposite Party :- State of U.P. Counsel for Applicant :- Chandra Prakash Mishra Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Sri Chandra Prakash Mishar, learned counsel for the applicants and Sri R.K. Singh, learned A.G.A. for the State are present. The present application under Section 528 of BNSS has been filed to quash the orders dated 09.10.2019 and 01.02.2021 passed by Chief Judicial Magistrate, Kanpur Dehat in Case no. 5175 of 2016 (State vs. Munnilal and others), under Sections 147, 452, 323, 504, 506 IPC, P.S. Bilhaur, District Kanpur Nagar, whereby NBW has been issued against the applicants.
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 applicants 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 three weeks from today or till applicants appear before the court below, whichever is earlier, execution of non bailable warrant against applicants shall be kept in abeyance.
Order Date :- 4.4.2025 MAA/- Digitally signed by :- MOHAMMAD AZAD ANSARI High Court of Judicature at Allahabad