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Neutral Citation No. - 2025:AHC:122073 Court No. - 77 Case :- APPLICATION U/S 482 No. - 36137 of 2024 Applicant :- Vishnu Prasad Mishra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Laxmi Paswan,Pratibha Ojha 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 the N.B.W. order dated 07.11.1996 passed in Criminal Case No. 7833 of 2006 (State vs. Vishnu Mishra) arising out of Case Crime no. 639 of 1990, under section 25 of Arms Act, Police Station Naini, District Allahabad/Prayagraj pending in the Court of learned Judicial Magistrate-IV, Allahabad.
3. Learned counsel for applicant submits that impugned order is against the facts and law. The applicant has 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 N.B.W. order dated 07.11.1996 within three weeks from today.
6. Till three weeks from today, no coercive action shall be initiated against the applicant in pursuance of Criminal Case No. 7833 of 2006 (State vs. Vishnu Mishra) arising out of Case Crime no. 639 of 1990, under section 25 of Arms Act, Police Station Naini, District Allahabad/Prayagraj pending in the Court of learned Judicial Magistrate-IV, Allahabad. After the expiry of aforesaid period of three weeks, learned concerned court is directed to proceed as per law.
7. With the aforesaid observation, the application is disposed of. Order Date :- 24.7.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad