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Neutral Citation No. - 2025:AHC:28604 Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 6408 of 2025 Applicant :- Heta Alias Het Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anil Kumar,Kalp Dev 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 warrants dated 3.9.2022 passed by learned Additional District & Sessions Judge-18, Agra in G.S.T. No.62 of 2019 titled State v. Het Singh @ Heta Singh and others, arising out of Case Crime No.934 of 2017, under section 2/3 of the U.P. Gangsters Act, Police Station Hari Parvat, District Agra, pending in the court of learned Additional Sessions Judge, Court No.7, Agra.
3. Learned counsel for applicant has confined his arguments to the
order of non-bailable warrant dated 15.1.2025, contending that 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 has opposed.
5. Considering the facts and circumstances of the matter, 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, subject to cost of Rs.2000/- to be deposited in DLSA, District- Agra. For a period of 21 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 observations, the instant application is
disposed of.
Order Date :- 27.2.2025 Anil K. Sharma Justice Vinod Diwakar Digitally signed by :- ANIL KUMAR SHARMA High Court of Judicature at Allahabad