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Neutral Citation No. - 2025:AHC:23748 Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 4934 of 2025 Applicant :- Bablu Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Ashish Kumar Gupta Counsel for Opposite Party :- G.A. Hon'ble Vinod Diwakar,J.
1. Heard learned counsel for the applicant, Shri Veerendra Kumar Gautam, Advocate holding brief of Shri Baleshwar Chaturvedi,
learned counsel for the Electricity Department, 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 25.11.2024, in Special Case No. 407 of 2019, titled as State v. Bablu, arising out of Case Crime No. 740 of 2018, under Section 135 of Indian Electricity Act, P.S. Kotwali, District Mathura, pending in the Court of Special Judege (E.C. Act), Mathura.
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 :- 19.2.2025 A. Tripathi 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