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2025 DAILYLAW 21940 (ALL)

VIKRAMA BIND S/O LATE PATTAL AND 9 OTHERS v. STATE OF U.P. THROUGH ITS SECRETARY HOME DEPARTMENT U.P. AND ANOTHER

NA528/5620/2025 · 2025-03-02

Vinod Diwakar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:29164 Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 5620 of 2025 Applicant :- Vikrama Bind S/O Late Pattal And 9 Others Opposite Party :- State Of U.P. Through Its Secretary Home Department U.P. And Another Counsel for Applicant :- Mohd. Shahanshah Khan Counsel for Opposite Party :- G.A. Hon'ble Vinod Diwakar,J. 1. Heard learned counsel for the applicants and learned A.G.A. for the State. 2. The present application under Section 482 Cr.P.C., has been filed for quashing the N.B.W. + 82 of Cr.P.C. order dated 10.01.2025 passed by the Additional Civil Judge (S.D.) Court No.2 Mirzapur in Case No.3945 of 2001, arising out of case crime no.148 of 2000, u/s 143, 336, 504, 352, 353, 186 I.P.C. and Section 7 of Criminal Law Amendment Act, P.S. Kachhawan, District Mirzapur. 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. 5,000/- 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 3 weeks 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 :- 3.3.2025 A. Tripathi Justice Vinod Diwakar Digitally signed by :- AKHILESH TRIPATHI High Court of Judicature at Allahabad