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Neutral Citation No. - 2025:AHC:22833 Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 4779 of 2025 Applicant :- Naresh And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Sagar 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 Warrant order dated 21.01.2025, passed by the learned Additional District and Sessions Judge/Special Judge POCSO Act, Kasganj in Session Case No. 736 of 2024, arising out of Case Crime No. 0265 of 2023, under Sections 147, 148, 149, 323, 324, 325, 354(b), 506 IPC and Section 7/8 POCSO Act, registered at P.S. Amanpur, District Kasganj.
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 move 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 15 days or till the applicant move 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 :- 18.2.2025 A. Tripathithe Justice Vinod Diwakar Digitally signed by :- AKHILESH TRIPATHI High Court of Judicature at Allahabad Digitally signed by :- AKHILESH TRIPATHI High Court of Judicature at Allahabad Digitally signed by :- AKHILESH TRIPATHI High Court of Judicature at Allahabad Digitally signed by :- AKHILESH TRIPATHI High Court of Judicature at Allahabad Digitally signed by :- AKHILESH TRIPATHI High Court of Judicature at Allahabad