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2025 DAILYLAW 22031 (ALL)

IMRAN v. STATE OF U.P. AND 2 OTHERS

NA528/6258/2025 · 2025-02-26

Vinod Diwakar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:26968 Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 6258 of 2025 Applicant :- Imran Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Narendra Kumar Tiwari,Ravindra Kumar Yadav,Sandeep Kumar Yadav 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 03.12.2021, issued by the learned Additional Sessions Judge, Court No.4, Muzaffar Nagar in S.T. No.229 of 2014, titled State v. Asif and others, arising out of Case Crime No.320 of 2013, under Section 136 Electricity Act, P.S. Kakrauli, District Muzaffar Nagar. 3. Learned counsel for applicant submits that impugned order is against the facts and law. The applicant had gone to Mumbai for his livelihood and he 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 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 three 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 :- 27.2.2025 A. Tripathi Justice Vinod Diwakar Digitally signed by :- AKHILESH TRIPATHI High Court of Judicature at Allahabad Digitally signed by :- AKHILESH TRIPATHI High Court of Judicature at Allahabad Digitally signed by :- AKHILESH TRIPATHI High Court of Judicature at Allahabad