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Neutral Citation No. - 2025:AHC:31021 Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 7032 of 2025 Applicant :- Mustafa Alias Khajnu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pankaj Sharma 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 06.11.2024 in Case No.132 of 1999 titled State v. Shahnawaz & Ors, arising out of Case Crime No.115 of 1998, under Section 3/5-A/8 of U.P. Prevention of Cow Slaughter Act and Section 11 of Prevention of Cruelty to Animals Act and Sections 419, 420, 41/411 IPC, P.S. Tarya Sujan, District Kushinagar, pending in the Court of Civil Judge (Senior Division), Kushinagar.
3. Learned counsel for applicant submits that initially the non bailable warrants were issued against the applicant in the year 1999 and since then non bailable warrants have been regularly issuing by the trial Court. The impugned order is against the
facts and law. The applicant 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.25,000/- by the applicant in favour of
District Legal Services Authority concerned. The applicant may appear and move an 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 :- 5.3.2025 A. Tripathi Justice Vinod Diwakar Digitally signed by :- AKHILESH TRIPATHI High Court of Judicature at Allahabad