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2025 DAILYLAW 100322 (ALL)

MOHD SALEEM v. STATE OF U.P.

NA528/37276/2025 · 2025-10-07

Deepak Verma

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 37276 of 2025 Court No. - 74 HON'BLE DEEPAK VERMA, J. 1. Heard learned counsel for the applicant, learned Additional Government Advocate for the State of U.P./opposite party no.1 and perused the record. 2. This application under Section 482 Cr.P.C. has been filed by the applicant to quash the Non-Bailable Warrant dated 20.05.2025 against the applicant passed by the Court of learned CJM Hapur in Case number No.4358 of 2003 (State Vs. Salim) arising out of Case Crime No.622 of 1996, under Sections 302, 307 1.P.C., Police-Station Hapur Nagar, District Hapur. 3. Learned counsel for the applicant submits that earlier, applicant filed 482 Application No.978 of 1997 and the Co-ordinate Bench of this Court vide order dated 06.03.1997 stayed the arrest of the applicant, thereafter the proceedings under Section 482 Cr.P.C. was dismissed by this Court vide order dated 11.08.2010. Counsel for the applicant submits that he had no knowledge regarding dismissal of the 482 application, therefore, he could not appear before the trial court, hence, non-bailable warrant has been issued against the applicant by the court below vide order dated 20.05.2025. 4. Per contra, learned A.G.A. opposed the submission raised by applicant's counsel and submitted that applicant knowingly not appeared before the trial court and avoided trial proceedings. The 482 Application No.978 of 1997 filed by the applicant was dismissed on 11.08.2010 and more than fourteen years have passed. The order passed by the trial court is just and proper and do not suffer from any illegality or infirmity and no interference is warranted, at this stage. 5. Considering the facts and circumstances of the case, no interference is warranted by this Court. The prayer for quashing the Non-Bailable Warrant dated 20.05.2025, is refused. 6. The present application under Section 528 BNSS lacks merit and is, accordingly, dismissed. Versus Counsel for Applicant(s) : Mohd Aamir Counsel for Opposite Party(s) : G.A. Mohd Saleem .....Applicant(s) State of U.P. .....Opposite Party(s) 7. However, it is provided that if the applicant moves an application for recall of non bailable warrant, the same shall be considered and disposed of expeditiously, in accordance with law. October 8, 2025 Meenu Singh NA528 No. 37276 of 2025 2 (Deepak Verma,J.) Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad