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2025 DAILYLAW 20412 (ALL)

MOHD RAZA AND 8 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/7184/2025 · 2025-04-15

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:56212 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 7184 of 2025 Applicant :- Mohd Raza And 8 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bhavya Sahai,Ramendra Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The present application under Section 528 BNSS, has been filed for quashing the non-bailable warrant issued vide orders dated 06.11.2024, 19.11.2024, 05.12.2024, 20.12.2024, 09.01.2025 and proceeding u/s 82 Cr.P.C. vide order dated 31.01.2025 passed by Additional Chief Judicial Magistrate, Court no. 6, Moradabad in Case Crime no. 0135 of 2021, under sections 147, 148, 149, 188, 323, 336, 307, 332, 353 IPC and under Section 7 Criminal Law Amendment Act, 1932, PS- Mainather, District- Moradabad pending in the court of learned Additional Chief Judicial Magistrate, Court no. 6, Moradabad. 3. Learned counsel for applicants submits that impugned order is against the facts and law. The applicants had no knowledge about the proceedings initiated against him due to which he could not appear on the date fixed by the trial Court, hence, non-bailable warrant was issued against the applicants. 4. Per contra, learned A.G.A opposed the prayer. 5. Considering the facts and circumstances of the matter, applicants are directed to appear before the learned court concerned in pursuance to impugned NBW orders within three weeks from today. Till three weeks from today, no coercive action shall be initiated against the applicants. After the expiry of aforesaid period of three weeks, learned concerned court is directed to proceed as per law. 6. With the aforesaid observation, the application is disposed of. Order Date :- 16.4.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad