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2025 DAILYLAW 20249 (ALL)

RAJ KUMAR SONKAR v. STATE OF U.P. AND ANOTHER

NA528/5271/2025 · 2025-02-19

Vinod Diwakar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:24696 Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 5271 of 2025 Applicant :- Raj Kumar Sonkar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vijay Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Vinod Diwakar,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The present application under Section 482 Cr.P.C., has been filed for quashing the Non Bailable Warrant dated 07.10.2024 in Case No.46 of 2020 titled State v. Raj Kumar Sonkar, arising out of Case Crime No. 739 of 2016, under Section 3/7 Essential Commodities Act, P.S. Naini, District Allahabad, pending before the learned Additional Chief Judicial Magistrate-2nd, Allahabad. 3. Learned counsel for applicant submits that impugned order is against the facts and law. The applicant had no knowledge about the proceedings initiated against him due to which they could not appear on the date fixed by the trial Court, hence, non-bailable warrant was issued against the applicant. 4. Per contra, learned A.G.A opposed the prayer. 5. Considering the facts and circumstances of the matter, subject to deposit of Rs.2,000/- by the applicant in favour of District Legal Services Authority concerned, it is directed that in case the applicant appears and moves appropriate application before the trial Court for recalling the impugned order, the same shall be decided expeditiously in accordance with law. For a period of 15 days or till the applicant moves an application before the trial Court, whichever is earlier, no coercive action shall be taken against the applicant. Further, the Court shall not entertain the fictitious and repetitive personal exemption application, and if filed, the same shall be dismissed with reasonable costs. 6. With the aforesaid observation, the application is disposed of. Order Date :- 20.2.2025 A. Tripathi Justice Vinod Diwakar Digitally signed by :- AKHILESH TRIPATHI High Court of Judicature at Allahabad