RAKESH MAURYA ALIAS VISHRAM MAURYA v. STATE OF U.P. AND ANOTHER
A482/1374/2025 · 2025-02-11
Sanjay Kumar Pachori
body2025
DailyLaw.ai
[ 2025 DAILYLAW 7667 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 7667 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:20395 Court No. - 75 Case :- APPLICATION U/S 482 No. - 1374 of 2025 Applicant :- Rakesh Maurya Alias Vishram Maurya Opposite Party :- State of U.P. and Another Counsel for Applicant :- Alok Kumar Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Heard Sri Alok Kumar, learned counsel for the applicant and Sri Karunakar Singh, learned A.G.A. for the State. The present application under Section 482 of the Code of Criminal Procedure, 1973 has been filed to quash the order dated 13.11.2024 passed by the Additional Sessions Judge, Varanasi, in Session Trial No. 172 of 2024 (State v. Panna Chaudhary and another), arising out of Case Crime No. 348 of 2013, under Sections 41, 411, 414, 419, 420, 467, 468 of IPC,Police Station Sarnath, District Varanasi, whereby the non-bailable warrant has been issued.
Learned counsel for the applicant 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 13.11.2024 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. as well as learned counsel for the opposite party No. 2 have 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 applicant appears before the court below, whichever is earlier, execution of non bailable warrant against the applicant shall be kept in abeyance.
Order Date :- 11.2.2025 Akram Digitally signed by :- MOHAMMAD AKRAM High Court of Judicature at Allahabad