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Neutral Citation No. - 2025:AHC:14072 Court No. - 76 Case :- APPLICATION U/S 482 No. - 2806 of 2025 Applicant :- Mukesh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Lalit Kumar Shukla 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 13.01.2021 issued by learned Chief Judicial Magistrate, Mathura in Case No.1906 of 2017 (Old Case No. 480/IX of 2004) titled as State v. Mukesh, under Section 25 of Arms Act, P.S. Farah, District Mathura, pending in the Court of Chief Judicial Magistrate, Mathura.
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 they 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, subject to deposit of Rs. 5,000/- by the applicant in favour of District Legal Services Authority concerned, it is directed that in case the applicant appears and moves 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 15 days or till the applicant moves 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. With the aforesaid observation, the application is disposed of. Order Date :- 27.1.2025 Shafique Justice Vinod Diwakar Digitally signed by :- SAFIKUR RAHAMAN High Court of Judicature at Allahabad