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2025 DAILYLAW 193434 (ALL)

MUNNU v. STATE OF U.P. AND ANOTHER

NA528/40871/2025 · 2025-10-16

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 40871 of 2025 Court No. - 78 HON'BLE NALIN KUMAR SRIVASTAVA, J. 1. Heard learned counsel for the applicant, learned AGA for the State and perused the record. 2. This application under Section 528 B.N.S.S. has been filed with the prayer to quash the charge-sheet as well as cognizance / summoning order dated 15.4.2001 in Case No.166 of 2015 arising out of case crime no.449 of 2000 under section 25 Arms Act, P.S. Kotwali Katra, Distt. Mirzapur. Further prayer has been made to stay the aforesaid proceedings. 3. It is submitted by the learned counsel for the applicant that the court has taken cognizance under section 25 Arms Act on the basis of insufficient evidence. It is further submitted that the applicant was unaware of the proceedings running in the court and that is why he was also ignorant of the fact that punitive process in the form of non-bailable warrant has been issued against him. 4. Learned A.G.A. vehemently opposed the application and it has been submitted that it was a deliberate negligence on the part of the applicant and he deliberately did not appear before the court even after having knowledge of the case pending in the court. Applicant is an absconder and that is why punitive process has been issued against him. 5. Learned counsel for the applicant has made a submission before the Court that the applicant is ready and willing to appear before the trial court to cooperate with the trial. 6. From the perusal of the record, I find no reason to quash the aforesaid Versus Counsel for Applicant(s) : Anil Kumar, Prashant Singh Counsel for Opposite Party(s) : G.A. Munnu .....Applicant(s) State of U.P. and Another .....Opposite Party(s) proceedings against the applicant or to stay the further proceedings of the aforesaid case.. Hence, prayer made in the application is refused. 7. However, it is observed that in case the applicant surrenders before the court concerned and applies for bail within thirty days from today, the same shall be considered and decided by the Court concerned in accordance with law. For a period of thirty days from today, no coercive action shall be taken against the applicant. 8. It is made clear that no further time shall be allowed to the applicant to surrender and apply for bail before the Court concerned. 9. With the above observations, the application stands disposed of. October 17, 2025 ss NA528 No. 40871 of 2025 2 (Nalin Kumar Srivastava,J.) Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad