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2024 DIGILAW 2275 (ALL)

Brijbhan v. State of U. P.

2024-11-06

SANJAY KUMAR PACHORI

body2024
JUDGMENT : SANJAY KUMAR PACHORI, J. 1. Sri R.A. Ram, learned counsel for the applicant and Ms. Somya Madhyan, learned brief holder for the State are present. 2. The present application under Section 482 of the Code of Criminal Procedure, 1973 has been filed to quash the order dated 22.07.2024 passed by Judicial Magistrate, FTC (S.D.) Azamgarh in Case No. 1246 of 2005 (State v. Jagdish and Others) arising out of Case Crime No. 151 of 2005, under Sections 325, 323, 504, 506 of I.P.C., P.S. Raunapar, District Azamgarh, whereby non bailable warrant has been issued against the applicant. 3. 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. 4. 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 22.07.2024 without satisfying the service of summons or bailable warrants itself and reason to believe from absconding the process of the court. 5. Learned A.G.A. as well as learned counsel for the opposite party No. 2 have opposed the application. 6. 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 three 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. State of Uttar Pradesh & Another, 2022 (11) SCC 676 and Aman Preet Singh Vs. C.B.I. through Director, 2021 SCC Online SC 941. 7. For a period of three 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.