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2025 DAILYLAW 191598 (ALL)

ANIL KUMAR RAI AND 6 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/25535/2025 · 2025-10-13

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 25535 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for the applicants and learned A.G.A. for the State and perused the record. 2. This application has been filed by the applicants to quash the order dated 16.11.2024 passed by learned Judicial Magistrate, Room no. 3, Mohammadabad, District Ghazipur by which Non-Bailable Warrant as well as Proclamation u/s 82 Cr.P.C has been issued against the applicants in pursuance to Criminal Case no. 22 of 2003, Case Crime no. 85 of 1990, under Section 382 IPC, PS- Bhanwarkol, District Ghazipur. 3. Learned counsel for applicants submits that impugned order is against the facts and law. The applicants had no knowledge about the proceedings initiated against them due to which they could not appear on the date fixed by the trial Court, hence, non-bailable warrant was issued against the applicants. 4. Per contra, learned A.G.A opposed the prayer. 5. Considering the facts and circumstances of the matter, applicants are directed to appear before the learned court concerned in pursuance to impugned NBW as well as Proclamation u/s 82 Cr.P.C order dated 16.11.2024 within four weeks from today. Till four weeks from today, no coercive action shall be initiated against the applicants namely Anil Kumar Rai, Balister Rai, Ashok Kumar Rai, Rajeshwar Rai @ Daulat Rai, Shri Krishna Rai, Ram Narayan Rai and Vinod Rai. After the expiry of aforesaid Versus Counsel for Applicant(s) : Dhirendra Kumar Srivastava Counsel for Opposite Party(s) : G.A. Anil Kumar Rai And 6 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) period of four weeks, learned concerned court is directed to proceed as per law. However, it is made clear that none of the grounds are convincing for seeking quashing of orders impugned. 6. With the aforesaid observation, the application is disposed of. October 14, 2025 Shaswat NA528 No. 25535 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad