NITESH @ NITESH KUMAR MISHRA v. STATE OF U.P. AND ANOTHER
A482/38171/2024 · 2025-05-12
Saurabh Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 106572 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 106572 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:79164 Court No. - 74 Case :- APPLICATION U/S 482 No. - 38171 of 2024 Applicant :- Nitesh @ Nitesh Kumar Mishra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prakash Narayan 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 22.05.2023 passed by learned Special Judge (Gangster Act)/District and Session Judge, District Kanpur Nagar in Case No. 370 of 2023 (State vs. Kallu Mishra and others) arising out of Case Crime no. 288 of 2020 under section 3(1) of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Bidhnu, District Kanpur Nagar.
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 N.B.W. order dated 22.05.2023 within three weeks from today.
6. Till three weeks from today, no coercive action shall be initiated against the applicant in pursuance of Case No. 370 of 2023 (State vs. Kallu Mishra and others) arising out of Case Crime no. 288 of 2020 under section 3(1) of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Bidhnu, District Kanpur Nagar. 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 :- 13.5.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad