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2025 DAILYLAW 36796 (ALL)

PRADEEP KUMAR v. STATE OF U.P. AND ANOTHER

NA528/11174/2025 · 2025-04-14

Sanjay Kumar Pachori

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:54471 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 11174 of 2025 Applicant :- Pradeep Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vipin Chandra Pandey Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Sri Vipin Chandra Pandey, learned counsel for the applicant and Sri Ashwani Kumar Rai, 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 order dated 01.02.2017 passed by Additional Civil Judge (Junior Division), Court No. 8, Agra in Case No. 1248 of 2014 (State vs. Pradeep & others), arising out of Case Crime No. 139 of 2008, under Section 354 of I.P.C., whereby NBW has been issued against the applicant. Learned counsel for the applicant 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 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. Learned A.G.A. has opposed the application. Considering submissions of learned counsel for the applicant 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 three 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 :- 15.4.2025 MAA/- Digitally signed by :- MOHAMMAD AZAD ANSARI High Court of Judicature at Allahabad