Extracted from the PDF above. The PDF is authoritative.
Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 5792 of 2025 Applicant :- Gulab Nishad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mayank Tripathi,Niraj Kushwaha 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 23.1.2025 passed in G.T. No.217 of 2008, titled State v. Gulab, arising out of Case Crime No.1266 of 2007, under section 3(1) of the U.P. Gangsters and Anti Social Activities (Prevention) Act, P.S. Khorabar, District Gorakhpur.
3. Learned counsel for applicant submits that the 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 the impugned order, the same shall be decided expeditiously in accordance with law, subject to cost of Rs.5000/- to be deposited in DLSA, Gorakhpur. For a period of 30 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 observations, the instant application is
disposed of.
Order Date :- 24.2.2025 Anil K. Sharma Justice Vinod Diwakar Digitally signed by :- ANIL KUMAR SHARMA High Court of Judicature at Allahabad