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2025 DAILYLAW 192633 (ALL)

TARWINDER SINGH JOHAR v. STATE OF U.P. AND ANOTHER

NA528/38350/2025 · 2025-10-06

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 38350 of 2025 Court No. - 80 HON'BLE NAND PRABHA SHUKLA, J. Heard learned counsel for the applicants, learned AGA for the State and perused the record. The present application under Section 528 BNSS has been filed with a prayer to allow the present application and quash the impugned order dated 12.06.2025 as well as 20.08.2025 passed by learned Court of fourth Additional Chief Judicial Magistrate, Ghaziabad in Complaint Case No. 996 of 2019 (Indrajeet Kaher v. Tarwinder Singh Johar) under Sections 420, 406 IPC Police Station Sahibabad, District Ghaziabad as well as non-bailable warrant as well as process under Section 82 Cr.P.C. issued against the applicant. It has been submitted by learned counsel for the applicants that due to non- appearance of the applicants on a particular date, the non-bailable warrant dated 12.06.2025 as well as proceedings under Section 82 Cr.P.C. have been initiated against the applicants. Learned counsel for the applicants submits that the applicants are ready to participate in the court proceedings without fail. At the very outset, learned counsel for the applicants give an undertaking that the applicants shall appear before the Court concerned and cooperate in the trial. In view of the above, in case, the applicants appears and participate in the trial proceeding before the Court concerned, Non-Bailable Warrant and proceedings initiated under Section 82 Cr.P.C. against the applicant, shall Versus Counsel for Applicant(s) : Mir Sayed Counsel for Opposite Party(s) : G.A. Tarwinder Singh Johar .....Applicant(s) State of U.P. and Another .....Opposite Party(s) remain in abeyance. It is made clear that in case, the applicants do not cooperate and participate in the trial proceeding, they will not be entitled to the benefit of this order. With the above observations, this application under Section 528 BNSS is disposed of. October 7, 2025 Aditya Tripathi NA528 No. 38350 of 2025 2 (Nand Prabha Shukla,J.) Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad