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2025 DAILYLAW 40453 (ALL)

PRADEEP KUMAR AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/12201/2025 · 2025-04-10

Sanjay Kumar Pachori

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:54166 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 12201 of 2025 Applicant :- Pradeep Kumar And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Akhilesh Kumar Tiwari,Ashish Tripathi Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Heard Sri Ashish Tripathi, learned counsel for the applicants and learned A.G.A. for the State. The present application under Section 528 BNSS has been filed with a prayer to quash the order dated 24.02.2025 passed by the Additional Chief Judicial Magistrate, Court no.9, Allahabad in Criminal Case No. 2670 of 2005 (State Vs. Hariram and others), arising out of Case Crime No.08 of 2001, under Sections 147, 323, 332, 325, 353 IPC, Police Station Soraon, District Prayagraj, whereby the non-bailable warrants has been issued. 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. It is further submitted that applicant was on bail at the time of issuing non-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. It is further submitted that order of the non-bailable warrant has been passed on 24.02.2025 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. has opposed the application. Considering submissions of learned counsel 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 four weeks from today and applies for bail/recall of non bailable warrant, his 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 :- 11.4.2025 RKM Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad