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Neutral Citation No. - 2025:AHC:20954 Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 4224 of 2025 Applicant :- Rohit Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Surendra Yadav 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 09.06.2022 passed by learned Fifth Additional Sessions Judge, Jaunpur in S.S.T. No. 51 of 2020 titled as State v. Chhotu @ Saurabh Prajapati, arising out of Case Crime No. 2434 of 2017, under Section 3(1) of U.P. Gangsters Act, P.S. Line Bazar, District Jaunpur.
3. It has been argued by the learned counsel for applicant that impugned order is against the facts and law. The applicant could not appear before the trial Court on the date fixed, hence non- bailable warrants were issued against him.
4. Per contra learned A.G.A has opposed the prayer.
5. Considering the facts and circumstances of the matter, it is
directed that in case the applicant appears and moves appropriate application before the trial Court for recalling the order of non- bailable warrant dated 09.06.2022, the same shall be decided expeditiously in accordance with law. For a period of four weeks from today 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. The application is disposed of accordingly.
Order Date :- 13.2.2025 Shafique Justice Vinod Diwakar Digitally signed by :- SAFIKUR RAHAMAN High Court of Judicature at Allahabad