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2025 DAILYLAW 17331 (ALL)

PAWAN KUMAR v. STATE OF U.P. AND ANOTHER

NA528/4949/2025 · 2025-02-18

Vinod Diwakar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:24056 Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 4949 of 2025 Applicant :- Pawan Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rudra Kant Mishra 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 528 BNSS, has been filed for quashing the Non Bailable Warrant dated 08.12.2021 issued by learned Additional Session Judge/POCSO Act, Sonebhadra in S.T. No. 396 of 2020, titled State v. Noor Mohammad and Others, arising out of Case Crime No. 0005 of 2020, under Section 3(1) of Gangster Act, registered at P.S. Manchi, District Sonbhadra. 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 they 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 opposed the prayer. 5. Considering the facts and circumstances of the matter, subject to deposit of Rs. 2,000/- by the applicant in favour of District Legal Services Authority Sonebhadra, 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. For a period of three 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. With the aforesaid observation, the application is disposed of. Order Date :- 19.2.2025 Shafique Justice Vinod Diwakar Digitally signed by :- SAFIKUR RAHAMAN High Court of Judicature at Allahabad