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Neutral Citation No. - 2025:AHC:22146 Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 4591 of 2025 Applicant :- Ombir Opposite Party :- State of U.P. and Another Counsel for Applicant :- Chandra Prakash Singh 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 dated 02.12.2024 issued by learned trial court in criminal case no.36 of 2010, under Section 2/3 U.P. Gangsters and Anti Social Activities (Prevention) Act, arising out of Case Crime No. 504 of 2009, registered at P.S. Phase-II, District Gautam Budh Nagar.
3. Learned counsel for applicant submits that impugned order is against the facts and law. The applicant used to appear before the learned trial Court in present case and after lock down due to Covid-19 pandemic, he could not appear before the Court, hence, non-bailable warrant was issued against him.
4. Per contra, learned A.G.A opposed the prayer.
5. Considering the facts and circumstances of the matter, subject to deposit of Rs. 5,000/- by the applicant in favour of District Legal Services Authority concerned, 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 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. With the aforesaid observation, the application is disposed of. Order Date :- 17.2.2025 A. Tripathi Justice Vinod Diwakar Digitally signed by :- AKHILESH TRIPATHI High Court of Judicature at Allahabad