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2025 DAILYLAW 10409 (ALL)

IMRAN HASAN v. STATE OF U.P. AND ANOTHER

NA528/3490/2025 · 2025-02-04

Vinod Diwakar

body2025

Judgment text

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Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 3490 of 2025 Applicant :- Imran Hasan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jawad Tariq Counsel for Opposite Party :- G.A. Hon'ble Vinod Diwakar,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 the non-bailable warrant dated 10.09.2024 passed by learned Chief Judicial Magistrate, Firozabad in Criminal Case No. 7478 of 2021 titled State v. Asif & Ors, arising out of Case Crime No. 0795 of 2019, under Sections 147, 148, 149, 283, 332, 353, 336, 342, 436, 307, 188 of I.P.C., Section 7 of Criminal Law Amendment Act and Section 3/4 of the Prevention of Damage to Public Property Act, registered at P.S. Rasoolpur, District Firozabad, pending in the Court of Chief Judicial Magistrate, Firozabad. 3. The learned counsel for the applicant has argued that the impugned order is against the facts and law. The date fixed was not in the applicant's knowledge. He next submits that without following due procedure, the trial Court straightaway issued the non-bailable warrants, which is an abuse of process of law. 4. Per contra learned A.G.A has opposed the prayer. 5. Considering the facts and circumstances of the matter, the non- bailable warrant dated 10.09.2024 is hereby set aside with a direction to the trial Court to summon the applicant in accordance with the settled procedure and law. Further, the court shall not entertain the fictitious and repetitive personal exemption application, and if filed, the same shall be dismissed with reasonable costs. 6. The application is disposed of accordingly. Order Date :- 5.2.2025 A. Tripathi Justice Vinod Diwakar Digitally signed by :- AKHILESH TRIPATHI High Court of Judicature at Allahabad