MOHD IRSHAD ALIAS IRSHAD ALI v. STATE OF U.P. AND ANOTHER
NA528/40770/2025 · 2025-10-16
body2025
DailyLaw.ai
[ 2025 DAILYLAW 191767 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 191767 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 40770 of 2025 Court No. - 78 HON'BLE NALIN KUMAR SRIVASTAVA, J.
1. Heard learned counsel for the applicant as well as learned A.G.A for the State and perused the record.
2. This application under Section 528 of BNSS has been filed by the applicant - Mohd Irshad Alias Irshad Ali for quashing the non-bailable warrant dated 20.2.2025 issued by Additional Chief Judicial Magistrate - II, Court No.10, Basti in Criminal Case No.3066 of 2019, arising out of case crime no. 0180 of 2018, under Sections 419, 420 IPC and 15(3) of the Indian Medical Council Act, P.S. Dubaulia, District Basti and further to stay the effect and operation of the said non-bailable warrant.
3. Learned counsel for the applicant contended that the reasons on account of which the applicant failed to appear before the trial court were beyond his control and the applicant has every intention to appear before the court concerned and participate in the proceedings of the trial.
4. Learned AGA appearing for the State opposed the prayer.
5. Having regard to the facts and circumstances of the case, after perusing the impugned order as well as the materials brought on record and having considered the
submissions made by the learned counsel for the parties, I do not find any good ground to quash the impugned
order. The prayer made in the application is refused. Versus Counsel for Applicant(s) : Ram Mani Upadhyay, Sarvjeet Kumar Counsel for Opposite Party(s): G.A. Mohd Irshad Alias Irshad Ali .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
6. However, without expressing any opinion on the merits of the case, the application is disposed of with a direction to the applicant to surrender before the court below within 20 days from today and apply for bail, which shall be considered by the Court concerned in accordance with law. For a period of twenty days from today, effect and operation of non-bailable warrant issued against the applicant shall be kept in abeyance.
7. In case of default, the Court concerned shall be at liberty to take all coercive steps against the applicant for ensuring his appearance.
8. With the aforesaid observations, the application is
disposed of. October 17, 2025 safi NA528 No. 40770 of 2025 2 (Nalin Kumar Srivastava,J.) Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad