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2025 DAILYLAW 19759 (ALL)

RIZWAN v. STATE OF U.P. AND ANOTHER

NA528/5302/2025 · 2025-02-19

Rajeev Misra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:25397 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 5302 of 2025 Applicant :- Rizwan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rakesh Chandra Pathak,Yogesh Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. Heard Mr. Yogesh Kumar Mishra, the learned counsel for applicant and the learned A.G.A. for State opposite party 1. Perused the record. Applicant Rizwan, who is a charge sheeted accused, has approached this Court by means of present application under Section 482 Cr. P. C. with the following prayer:- "It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the Non Bailable Warrants dated from 12.04.2024 to 07.01.2025 in Session Trial No.118 of 2020 (State Vs. Rizwan) arising out of Case Crime No.792 of 2019 under section 147, 302, 34 I.P.C. Police Station Sardhana, District-Meerut. It is further prayed that this Hon'ble Court may graciously be pleased to stay the effect and operation of the Non Bailable Warrants dated from 12.04.2024 to 07.01.2025 as well as further proceedings of Session Trial No.118 of 2020 (State Vs. Rizwan) arising out of Case Crime No.792 of 2019 under section 147, 302, 34 I.P.C., Police Station Sardhana, Meerut, otherwise the irreparable loss and injury. applicant District-suffer" Learned counsel for applicant submits that applicant was undergoing incarceration in another case. He was, however, released on bail only by order dated 29.10.2024. As such, there is no deliberate negligence on the part of applicant in not appearing before Court below. On the above premise, it is thus urged that the order passed by Court below, whereby non-bailable warrant was issued against the applicant is liable to be quashed. Per contra, the learned A.G.A. representing State opposite party 1 has vehemently opposed the present application. Learned A.G.A. submits that as per the admitted case of applicant, he was enlarged on bail on 29.10.2024. However, in spite of above, the applicant failed to appear before Court below on 12.11.2024, 30.11.2024 and 19.12.2024. As such, no interference is warranted by this Court in present application. When confronted with above, the learned counsel for applicant could not overcome the same. Having heard the learned counsel for applicant, the learned A.G.A. for State and upon perusal of record, this Court finds that the objection raised by the learned A.G.A. in opposition to this application are clearly borne out of the record and furthermore, the same could not be dislodged by the learned counsel for applicant with reference to the record at the this state. In view of above, no good ground exists to entertain the present application. As a result, present application fails and is liable to be dismissed. It is, accordingly, dismissed. Order Date :- 20.2.2025 HSM Digitally signed by :- HARI SHANKER MISHRA High Court of Judicature at Allahabad