Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:27527 Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 6378 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 order dated 20.01.2025, whereby Non Bailable Warrant as well as proceeding under Section 82 Cr.P.C. has been initiated against the applicant in Sessions Trial No.883 of 2023, titled State v. Het Singh @ Heta and others, arising out of Case Crime No. 25 of 2021, under Section 3/25 Arms Act, P.S. Fatehabad, District Agra.
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 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. 2,000/- 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 15 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 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