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Neutral Citation No. - 2025:AHC:6041 Court No. - 76 Case :- APPLICATION U/S 482 No. - 43971 of 2024 Applicant :- Pradeep Opposite Party :- State of U.P. Counsel for Applicant :- Manoj Kumar Tripathi,Vinod Kumar Tirpathi 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 as well as proceedings under Section 82 Cr.P.C. dated 11.09.2024 in S.S.T. No.25 of 2013, arising out of Case Crime No. 298 of 2011, under Section 3(1) Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986, P.S. Dhampur, District Bijnor.
3. Learned counsel for applicant submits that impugned order is against the facts and law. The applicant works in Bombay and 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 has opposed.
5. Considering the facts and circumstances of the matter, it is
directed that in case the applicant appears and move appropriate application before the trial Court for recalling the impugned order, the same shall be decided expeditiously in accordance with law.
For a period of 20 days or till the applicant move an application before the trial Court, whichever is earlier, no coercive action shall be taken against the applicant. 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 with the cost of Rs.5000/- to be deposited by the applicant in favour of District Legal Services Authority.
Order Date :- 9.1.2025 A. Tripathi/Ujjawal Justice Vinod Diwakar Digitally signed by :- AKHILESH TRIPATHI High Court of Judicature at Allahabad