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2025 DAILYLAW 171263 (ALL)

NEELFAR HIDE v. STATE OF U.P. AND ANOTHER

NA528/42002/2025 · 2025-10-28

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 42002 of 2025 Court No. - 76 HON'BLE VIKRAM D. CHAUHAN, J. 1. Heard learned counsel for applicant, Sri Aushim Luthra, learned counsel for opposite party no.2 and learned AGA for the State. 2. The present application has been filed for quashing the impugned order dated 16.12.2023 as well as order dated 25.08.2025 passed by learned Metropolitan Magistrate, Court No.9, Kanpur Nagar in Case No.242573 of 2022 (Bilal Hide Supplier Vs. Neelofar Hide) under Section 138 Ν.Ι. Act, Police Station-Kotwali, Kanpur Nagar, whereby application under Section 205 read with 317 Cr.P.C. has been rejected and non bailable warrant has been issued and order dated 27.09.2024 passed by learned Additional District and Sessions Judge, Court No.23, Kanpur Nagar, in Criminal Revision No.4 of 2024 (Neelofar Hide Vs. State of U.P. and another) Police Station-Kotwali, District Kanpur Nagar and permit the applicant to appear before learned trial court through counsel in term of Section 205 read with section 317 Cr.P.C. 3. It is submitted by learned counsel for applicant that an exemption application for appearing through counsel has been filed, however, the same has been rejected and non bailable warrant has been issued. Learned counsel for applicant submits that applicant is ready to appear before the court, however, non bailable warrant may be kept in abeyance. 4. Learned counsel for opposite party no.2 has no objection. 5. In view of statement made by learned counsel for applicant, let the Versus Counsel for Applicant(s) : Kamlakar Pal Counsel for Opposite Party(s) : G.A. Neelfar Hide .....Applicant(s) State of U.P. and Another .....Opposite Party(s) applicant appear before the court concerned on 17.11.2025 and statement may be recorded and trial be proceed with. In the meantime, non bailable warrant issued against applicant shall be kept in abeyance. If the applicant fails to appear before the trial court or participate in the trial court proceedings, non bailable warrant already issued shall be executed in accordance with law. 6. With the aforesaid observation/direction, the application under Section 528 BNSS is disposed off. October 29, 2025 D. Tamang NA528 No. 42002 of 2025 2 (Vikram D. Chauhan,J.) Digitally signed by :- DHIRENDRA TAMANG High Court of Judicature at Allahabad