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2025 DAILYLAW 10356 (ALL)

MUKESH KUMAR YADAV v. STATE OF U.P. AND ANOTHER

A482/2402/2025 · 2025-04-21

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:59985 Court No. - 74 Case :- APPLICATION U/S 482 No. - 2402 of 2025 Applicant :- Mukesh Kumar Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashutosh Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The present application under Section 482 Cr.P.C., has been filed for quashing entire proceeding of Case no. 6582 of 2019 (State vs. Mukesh Kumar Yadav) under Section 3/25 Arms Act, PS- Mughalsarai, District Chandauli along with charge sheet dated 25.03.2018 arising out of Case Crime no. 63 of 2018, cognizance/summoning order dated 26.10.2019 and non-bailable warrant dated 06.10.2023. 3. Learned counsel for applicant submits that impugned NBW order is against the facts and law. The applicant had no knowledge about the proceedings initiated against him due to which he could not appear on the date fixed by the trial Court, hence, non-bailable warrant was issued against the applicant. 4. Per contra, learned A.G.A opposed the prayer. 5. Considering the facts and circumstances of the matter, applicant is directed to appear before the learned court concerned in pursuance to impugned NBW order dated 06.10.2023 within 15 days from today. Till 15 days from today, no coercive action shall be initiated against the applicant. After the expiry of aforesaid period of 15 days, learned concerned court is directed to proceed as per law. 6. With the aforesaid observation, the application is disposed of. Order Date :- 22.4.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad