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Neutral Citation No. - 2025:AHC:25367 Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 4792 of 2025 Applicant :- Mohit Opposite Party :- State of U.P. Counsel for Applicant :- Chandra Shekhar Pal,Sunil Kumar 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 Warrants dated 23.11.2022 in S.T. No.159 of 2020 titled State v. Mangal, arising out of Case Crime No.446 of 2017, under section 2/3 of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, Police Station Shamli, District Shamli, pending in the court of learned Additional District & Sessions Judge/FTC, Shamli.
3. Learned counsel for applicant submits that the impugned order is against the facts and law. The applicants 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 moves appropriate application before the trial court for recalling the impugned order, the same shall be decided expeditiously in accordance with law,
subject to cost of Rs.2000/- to be deposited in DLSA, Shamli. 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 observations, the instant application is
disposed of.
Order Date :- 18.2.2025 Anil K. Sharma Justice Vinod Diwakar Digitally signed by :- ANIL KUMAR SHARMA High Court of Judicature at Allahabad