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Neutral Citation No. - 2025:AHC:73722 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 13557 of 2025 Applicant :- Arshad And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shyam Shanker Pandey Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Heard Shri Shyam Shanker Pandey, learned counsel for the applicants and Sri Abhishek Kumar, learned A.G.A. for the State. The present application under Section 528 of the BNSS has been filed to quash the order dated 10.12.2024 passed by Additional Chief Judicial Magistrate-II, Muzaffar Nagar in Case No.2140/9 of 2014 (State Vs. Arshad and others), arising out of Case Crime No.186 of 2014, under Sections 323, 325, 504 and 506 of I.P.C., Police Station- Civil Line, District Muzaffar Nagar, whereby non- bailable warrant has been issued.
Learned counsel for the applicants submits that at the time of issuing non-bailable warrants the applicants were on bail. It is further submitted that the impugned order has been passed without satisfying itself that the summon and other process for appearance has been served and without issuing any summon or bailable warrant direct NBW has been issued.
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 the submission of learned counsel for the applicants and after perusing the 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 three weeks from today and apply for bail/recall of non bailable warrant, their application shall be considered and decided in 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 the applicants shall be kept in abeyance.
Order Date :- 7.5.2025 CS/- Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad