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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 38607 of 2025 Court No. - 76 HON'BLE VIKRAM D. CHAUHAN, J.
1. Heard learned counsel for the applicant and learned AGA for the State. 2. This application has been filed by applicant for quashing the impugned summoning order dated 27.10.1995 passed by Additional Chief Judicial Magistrate, 1st, Allahabad and N.B.W. order dated 01.03.2025 issued against applicant due to non appearance in Case No.3583 of 1995 (State Vs. Shivmangal Pal), under Section 7/16 Prevention of Food Adulteration Act, 1954, Police Station-Holagarh, District Allahabad as well as entire proceeding of Case No. 3583 of 1995 (State Vs. Shivmangal Pal) under Section 7/16 Prevention of Food Adulteration Act, 1954, Police Station Holagarh, District Allahabad, pending before the court of Additional Chief Judicial Magistrate-2, Allahabad. 3. Learned counsel for the applicant submits that he does not want to press the prayer to challenge the summoning order dated 27.10.1995 and the ends of justice would be served in the event applicant is permitted to appear before the trial court and participate in the trial court proceedings and the non-bailable warrant order dated 1.3.2025 issued against the applicant may be kept in abeyance. 4. In the present matter summoning order was issued on 27.10.1995 and the trial has not been completed till date. A perusal of the order sheet would go to show that from 10.5.2024 applicant is seeking adjournment before the trial court. Versus Counsel for Applicant(s) : Nitin Pal, Shivam Kumar Pal, Shobhit Sharma Counsel for Opposite Party(s) : G.A. Shivmangal .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
5. Learned counsel for the applicant submits that applicant is a senior citizen aged about 75 years and as a result of the same applicant could not appear before the trial court. Learned counsel for the applicant at this stage submits that applicant will appear before the trial court and participate in the trial court proceedings and shall not seek any adjournment. 6. In view of the stand taken by learned counsel for the applicant, the non- bailable warrant order dated 1.3.2025 shall be kept in abeyance for a period of thirty days from today and the applicant shall appear before the trial court within thirty days from today and participate in the trial court proceedings and shall not be granted any adjournment.
In the event applicant fails to appear and participate in the trial court proceedings, the non-bailable warrant order may be executed in accordance with law. 7. Accordingly, the application under Section 528 BNSS is disposed of. October 14, 2025 VMA NA528 No. 38607 of 2025 2 (Vikram D. Chauhan,J.) Digitally signed by :- VISHWA MOHAN ARORA High Court of Judicature at Allahabad