Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:73008 Court No. - 74 Case :- APPLICATION U/S 482 No. - 3248 of 2025 Applicant :- Anil Upadhyay Opposite Party :- State of U.P. Counsel for Applicant :- Noor Muhammad,Yogesh Kumar 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 order dated 02.07.2019 passed by learned Additional Sessions Judge (Gangster Act) Court no. 5, Etah in S.S.T no. 11 of 2014 arising out of Case Crime no. 113 of 2013 under Section 2/3 U.P.Gangster Act, PS- Avagarh, District Etah.
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 vide order dated
12.12.2024.
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 of Additional District and Sessions Judge/Special Judge, Gangster Act, Court no. 2, Etah/concerned court in pursuance to NBW order dated 12.12.2024 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 :- 6.5.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad