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2025 DAILYLAW 106265 (ALL)

GANGA VISHUN v. STATE OF U.P. AND ANOTHER

A482/37706/2024 · 2025-08-04

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:132184 Court No. - 77 Case :- APPLICATION U/S 482 No. - 37706 of 2024 Applicant :- Ganga Vishun Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjay Srivastava 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 charge sheet dated 26.01.2018 and cognizance order dated 05.01.2021 and entire proceeding of Case no. 432/2021 (State vs. Ganga Vishun) arising out of Case Crime no. 434/2017 under sections 2/3/5 of Prevention of Damage to Public Property Act, 1984 in PS- Binadki, District Fatehpur pending in court of learned Additional Chief Judicial Magistrate, Court no. 2, Fatehpur as well as Non-Bailable Warrant dated 03.08.2024 passed by Additional Chief Judicial Magistrate, Court no. 2, Fatehpur. 3. Learned counsel for applicant submits that impugned 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 03.08.2024 within three weeks from today. Till three weeks from today, no coercive action shall be initiated against the applicant. After the expiry of aforesaid period of three weeks, learned concerned court is directed to proceed as per law. 6. With the aforesaid observation, the application is disposed of. Order Date :- 5.8.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad