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2025 DAILYLAW 62440 (ALL)

AMIT CHAURASIYA AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/18474/2025 · 2025-05-21

Sanjay Kumar Pachori

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:87830 Court No. - 72 Case :- APPLICATION U/S 528 BNSS No. - 18474 of 2025 Applicant :- Amit Chaurasiya And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jagadish Prasad Yadav Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Sri Jagadish Prasad Yadav, learned counsel for the applicants and learned A.G.A. for the State are present. The present application under Section 528 BNSS has been filed to quash the order dated 20.11.2024 in Case No.3999 of 2019 (State vs. Amit Chaurasiya and others) arising out of Case Crime No.248 of 2018, under Sections 147, 323, 452, 504, 506, 427 of I.P.C., P.S. Raunapar, District Azamgarh, whereby non bailable warrant has been issued against the applicant. Learned counsel for the applicants submits that applicants were on bail at the time of issuing non bailable warrant. It is further submitted 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 the impugned order has been passed without considering the position of law. It is settled position of law that N.B.W. should be issued as a last resort after the litigant fails to respond the notices/summons and bailable warrant. It is further submitted that non-bailable warrant has been issued without issuing any summon and bailable warrant. 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 applicants appear before the court below within three 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 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 :- 22.5.2025 Sanjeet Digitally signed by :- SANJEET KUMAR YADAV High Court of Judicature at Allahabad