Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:25268 Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 4740 of 2025 Applicant :- Dinesh Saxena Opposite Party :- State of U.P. Counsel for Applicant :- Pankaj Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Vinod Diwakar,J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State-respondent, and perused the record.
2. The present application under Section 482 Cr.P.C. has been filed for quashing the non-bailable warrant dated 20.8.2024 passed by learned Additional Special Judge, Court No.5, Bareilly and the entire proceedings of Special Criminal Case No.38 of 2019 titled as State v. Dinesh Saxena and others, arising out of Case Crime No.301 of 2017, under section 2/3 of U.P. Gangesters Act, registered at Police Station Prem Nagar, District Bareilly.
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 :- 18.2.2025 Anil K. Sharma Justice Vinod Diwakar Digitally signed by :- ANIL KUMAR SHARMA High Court of Judicature at Allahabad