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Neutral Citation No. - 2025:AHC:27541 Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 5078 of 2025 Applicant :- Saddam Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd. Aslam 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 24.5.2023 passed by learned Special Judge (NDPS Act)/Additional Sessions Judge, Court No.12, Saharanpur in Special Case No.1645 of 2022 titled State v. Saddam, arising out of Case Crime No.112 of 2022, u/s 8/20 of N.D.P.S. Act, Police Station Biharigarh, District Saharanpur, pending in the court of learned Special Judge (NDPS Act)/Additional Sessions Judge, Court No.12, Saharanpur.
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.
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 of 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. The application is disposed of accordingly.
Order Date :- 19.2.2025 Anil K. Sharma Justice Vinod Diwakar Digitally signed by :- ANIL KUMAR SHARMA High Court of Judicature at Allahabad